Oregon Administrative Rules › Chapter 350 - COLUMBIA RIVER GORGE COMMISSION › Division 82 - LAND USE ORDINANCE › Section 350-082-0530 - Special Uses in Historic Buildings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Special uses in
			 historic buildings may be allowed where authorized in specified land use
			 designations and consistent with the following guidelines and in section (2)
			 below.
(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 subsections
			 (2)(a)(C)(i) and (ii), (2)(a)(D) through (F), and (2)(b) through (d) below.
			 Voluntary donations 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 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 subsections (2)(a)(C)(i) and
			 (ii), (2)(a)(D) through (F), and (2)(b) through (d) below. 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 350-082-0530.
(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 subsections
			 (2)(a)(C) through (F), and 0530(2)(b) through (d) below.
(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 350-082-0530(2):
(A) Establishments selling food 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 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 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:
(i) incidental and subordinate to another
			 approved use included in 350-082-0530(1)(d); and
(ii) 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
			 350-082-0530, 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 subsections (2)(a)(A) and (B)
			 below.
(f) Uses listed in
			 350-082-0530(1)(c)  and 350-082-0530(1)(d)(C)  above are not subject to the
			 "Commercial Events" provisions in 350-082-0480. Commercial events at historic
			 properties will be regulated by 350-082-0530. Applications for commercial
			 events shall include all information in the "Operational Plan for Commercial
			 Events" as specified in 350-082-0530(2)(a)(C)(iv). 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
			 350-082-0530(1)(a)  and 350-082-0530(1)(d)(I)  above are not subject to the
			 parking limits and associated "Facility Design Guidelines" in the Recreation
			 Intensity Classes.
(h) Approvals
			 for special uses in historic buildings shall be subject to review by the
			 Executive Director every five years from the date the original approval was
			 issued. As part of this review, the applicant shall submit documentation to the
			 Executive Director on the progress made in implementing the "Protection and
			 Enhancement Plan" required in subsection (2)(a)(C) below. The Executive
			 Director shall submit a copy of the applicant's documentation to the State
			 Historic Preservation Officer (SHPO). The SHPO shall have 30 calendar days from
			 the date this information is mailed to submit written comments to the Executive
			 Director. If the Executive Director's determination contradicts comments from
			 the SHPO, they shall justify how they reached an opposing conclusion. The
			 Executive Director shall revoke the 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
			 Executive Director may, however, allow such a use to continue for up to one
			 additional year from the date the Executive Director 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.