Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 81 - LAND USE ORDINANCE › Section 350-081-0114 - Special Uses in Historic Buildings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Special uses in historic buildings may be
			 allowed as follows and subject to "Additional Resource Protection Guidelines
			 for Special Uses in Historic Buildings" (350-081-0114(2)).
(a) Properties in all GMA land use
			 designations except Open Space and Agriculture-Special with buildings included
			 on the National Register of Historic Places shall be permitted to be open for
			 public viewing, interpretive displays, and an associated gift shop that is no
			 larger than 100 square feet and incidental and subordinate to the primary use
			 of the property, subject to compliance with the applicable guidelines to
			 protect scenic, cultural, natural and recreation resources and the following
			 sections of the "Additional Resource Protection Guidelines for Special Uses in
			 Historic Buildings": Cultural Resources Guidelines (350-081-0114(2)(a)(B)(i)
			 and (ii), and 350-081-0114(2)(a)(C)-
									350-081-0114(2)(a)(E)); and all Scenic,
			 Recreation, Agriculture and Forest Lands Guidelines
			 (350-081-0114(2)(b)-
									350-081-0114(2)(d)). Voluntary donations and/or fees to
			 support maintenance, preservation and enhancement of the cultural resource may
			 be accepted by the landowner.
(b)
			 Properties in all GMA land use designations except Open Space and
			 Agriculture-Special with buildings included on the National Register of
			 Historic Places, and which were former restaurants and/or inns shall be
			 permitted to re-establish these former uses, subject to compliance with the
			 applicable guidelines to protect scenic, cultural, natural and recreation
			 resources and the following sections of the "Additional Resource Protection
			 Guidelines for Special Uses in Historic Buildings": Cultural Resources
			 Guidelines (350-081-0114(2)(a)(B)(i) and (ii), and
			 350-081-0114(2)(a)(C)-
									350-081-0114(2)(a)(E)); and all Scenic, Recreation,
			 Agriculture and Forest Lands Guidelines
			 (350-081-0114(2)(b)-
									350-081-0114(2)(d)). The capacity of restaurant use and
			 overnight accommodations shall be limited to that existing in the former use,
			 and the former use shall be contained within the limits of the building as of
			 January 1, 2006. Banquets, private parties and other special events that take
			 place entirely within an approved restaurant facility shall be considered a
			 restaurant use allowed under this section.
(c) Properties in all GMA land use
			 designations except Open Space and Agriculture-Special with buildings included
			 on the National Register of Historic Places shall be permitted to hold
			 commercial events, subject to compliance with the applicable guidelines to
			 protect scenic, cultural, natural and recreation resources and the following
			 sections of the "Additional Resource Protection Guidelines for Special Uses in
			 Historic Buildings": Cultural Resources Guidelines 350-081-0114(2)(a)(B)-(E);
			 and all Scenic, Recreation, Agriculture and Forest Lands Guidelines
			 (350-081-0114(2)(b)-
									350-081-0114(2)(d)).
(d) The following additional review uses may
			 be allowed in all GMA land use designations except Open Space and
			 Agriculture-Special on a property with a building either on or eligible for the
			 National Register for Historic Places and that was 50 years old or older as of
			 January 1, 2006, subject to compliance with the applicable guidelines to
			 protect scenic, cultural, natural and recreation resources and "Additional
			 Resource Protection Guidelines for Special Uses in Historic Buildings":
(A) Establishments selling food and/or
			 beverages, limited to historic buildings that originally had kitchen
			 facilities. The seating capacity of such establishments shall be limited to the
			 building, as the building existed as of January 1, 2006, including any decks,
			 terraces or patios also existing as of that date. Banquets, private parties and
			 other special events that take place entirely within approved establishments
			 selling food and/or beverages shall be considered a part of the approved
			 use.
(B) Overnight accommodations.
			 The room capacity of such accommodations shall be limited to the total number
			 of existing rooms in the historic building as of January 1, 2006.
(C) Commercial events in the building or on
			 the subject property, incidental and subordinate to the primary use of the
			 property
(D) Wineries upon a
			 showing that processing of wine is from grapes grown on the subject parcel or
			 the local region, within a historic building, as the building existed as of
			 January 1, 2006.
(E) Sales/tasting
			 rooms in conjunction with an on-site winery, within a historic building, as the
			 building existed as of January 1, 2006.
(F) Conference and/or retreat facilities
			 within a historic building, as the building existed as of January 1,
			 2006.
(G) Artist studios and
			 galleries within a historic building, as the building existed as of January 1,
			 2006.
(H) Gift shops within a
			 historic building, as the building existed as of January 1, 2006 that are:
(1) Incidental and subordinate to another
			 approved use included in 350-081-0114(1)(d); and
(2) No larger than 100 square feet in
			 area.
(I) Interpretive
			 displays, picnic areas or other recreational day use activities on the subject
			 property.
(J) Parking areas on the
			 subject property to support any of the above uses.
(e) For the purposes of the guidelines in
			 this section, the term "historic buildings" refers to buildings either on or
			 eligible for the National Register of Historic Places. Eligibility for the
			 National Register shall be determined pursuant to Cultural Resources Guideline
			 350-081-0114(2)(a)(A)  of "Additional Resource Protection Guidelines for Special
			 Uses in Historic Buildings."
(f)
			 Uses listed in 350-081-0114(1)(c)  and 350-081-0114(1)(d)(C)  are not subject to
			 the "Commercial Events" provisions in 350-081-0108. Commercial events at
			 historic properties will be regulated by the guidelines contained in this
			 section. Applications for commercial events shall include all information in
			 the "Operational Plan for Commercial Events" as specified in
			 350-081-0114(2)(B)(iv)  of "Additional Resource Protection Guidelines for
			 Special Uses in Historic Buildings". The following apply to commercial events
			 at historic properties:
(A) Commercial events
			 include weddings, receptions, parties and other gatherings that are incidental
			 and subordinate to the primary use on a parcel.
(B) The owner of the subject property shall
			 notify the reviewing agency and all owners of land within 500 feet of the
			 perimeter of the subject property of each event. The notice shall be in writing
			 and shall be mailed at least seven calendar days before an event.
(g) Uses listed in
			 350-081-0114(1)(a)  and 350-081-0114(1)(d)(I)  are not subject to the parking
			 limits and associated "Facility Design Guidelines" in the Recreation Intensity
			 Classes.
(h) Land use approvals for
			 special uses in historic buildings shall be subject to review by the local
			 government every five years from the date the original approval was issued. As
			 part of this review, the applicant shall submit documentation to the local
			 government on the progress made in implementing the "Protection and Enhancement
			 Plan" required in Cultural Resources (350-081-0114(2)(a)) of "Additional
			 Resource Protection Guidelines for Special Uses in Historic Buildings". The
			 local government shall submit a copy of the applicant's documentation to the
			 State Historic Preservation Agency (SHPA). The SHPA shall have 30 calendar days
			 from the date this information is mailed to submit written comments to the
			 local government. If the local government's determination contradicts comments
			 from the SHPA, the local government shall justify how it reached an opposing
			 conclusion. The local government shall revoke the land use approval if the
			 owner has failed to implement the actions described in the "Protection and
			 Enhancement Plan" according to the schedule for completing such actions in this
			 plan. The local government may, however, allow such a use to continue for up to
			 one additional year from the date a local government determines the applicant
			 has failed to implement the actions if the applicant submits a written
			 statement describing unforeseen circumstances that prevented the applicants
			 from completing the specified actions according to the approved schedule, what
			 progress the applicants have made towards completing such actions, and a
			 proposed revised schedule for completing such actions.