Sub-Sections
152.215 Purpose 152.216 Uses permitted
152.217 Conditional uses permitted 152.218 Dimensional standards
§ 152.215 PURPOSE.
The FR-5 Forest Residential Zone is intended to provide medium size acreages within recreation-residential designated areas while also serving as a buffer between Low Density GF zoned lands and higher density Mountain Residential (MR) land.
(Ord. 83-4, passed 5-9-83)
§ 152.216 USES PERMITTED.
(A) Uses permitted outright. In an FR Zone, the following uses and their accessory uses are permitted without a zoning permit:
(1) Farm use, as defined in ORS 215.203 and set out in §152.003, except livestock feed yards, mink farms, poultry farms, and the raising of hogs;
(2) Forest use, as described in the Comprehensive Plan.
(3) Normal operation, maintenance, repair, and preservation activities of existing transportation facilities.
(4) Installation of culverts, pathways, medians, fencing, guardrails, lighting, and similar types of improvements within the existing right-of-way.
(5) Projects specifically identified
in the Transportation System Plan as not requiring further land use regulation.
(6) Landscaping as part of a transportation facility.
(7) Emergency measures necessary for the safety and protection of property
(8) Acquisition of right-of-way for public roads, highways, and other
transportation improvements designated in the Transportation System Plan.
(9) Construction of a street or road as part of an approved subdivision or land partition approved consistent with the applicable land division ordinance.
(B) Uses permitted with a zoning permit. In an FR Zone, the following uses and their accessory uses are permitted upon the issuance of a zoning permit pursuant to
§ 152.025:
(1) Mobile Home;
(2) Dwelling, seasonal;
(3) Vacation trailer or recreational vehicle;
(4) Dwelling, single-family;
(5) Christmas tree sales;
(6) Signs: Type 2, 3, 4, 5, 6;
(7) Home occupations as provided in § 152.573.
(8) Gravel extraction for personal use limited to 500 cubic yards per year and not disturbing more than an acre of land.
(Ord. 83-4, passed 5-9-83; Ord. 2002-08, passed 8-14-2002; Ord. 2008-09, passed
6-16-08)
§ 152.217 CONDITIONAL USES PERMITTED.
In a FR Zone, the following uses and their accessory uses are permitted, subject to and upon the issuance of a zoning permit:
(A) Church or church camp retreat;
(B) Operations conducted for the exploration, mining and processing of geothermal resources, aggregate and other mineral resources;
(C) Commercial activity to support mountain residential uses allowed in this zone including, but not limited to, a restaurant, sporting goods supply, and souvenir or novelty shop;
(D) Commercial recreational use, including marina, riding stable, gun club, resort, motel, lodge, recreational camp, recreational vehicle park, dude ranch or similar resort type establishment;
(E) Primary processing facility for locally harvested forest products including, but not limited to, a portable chipper or a stud mill;
(F) Utility facility;
(G) Park playground, campground and fishing and hunting preserves for public or private use;
(H) Public or semi-public use;
(I) Personal-use landing strip for airplanes and helicopter pads, including associated hanger, maintenance and service facilities. PERSONAL-USE LANDING
STRIP, as used in this section, means an airstrip restricted except for aircraft emergencies to use by the owner, and on infrequent and occasional basis by his invited guests, and by commercial aviation activities in connection with agricultural or forestry operation. No aircraft may be based on a personal-use landing strip other than those owned or controlled by the owner of the airstrip. Exception to the activities permitted under this definition may be granted through waiver action by the Aeronautics Division in specific instances.
A personal-use airport lawfully existing as of September 1, 1975, shall continue to be permitted subject to any applicable
regulations of the Aeronautics Division;
(J) The boarding of horses for profit;
(K) Special exceptions pursuant to
§§ 152.575 and 152.576.
(L) Construction, reconstruction, or widening of highways, roads, bridges or other transportation projects that are: (1) not improvements designated in the
Transportation System Plan or (2) not designed and constructed as part of a
subdivision or planned development subject to site plan and/or conditional use review, shall comply with the Transportation System Plan and applicable standards, and shall address the following criteria. For State projects that require an Environmental Impact Statement (EIS) or EA
(Environmental Assessment), the draft EIS or EA shall be reviewed and used as the basis for findings to comply with the following criteria:
(1) The project is designed to be compatible with existing land use and social patterns, including noise generation, safety, and zoning.
(2) The project is designed to minimize avoidable environmental impacts to identified wetlands, wildlife habitat, air and water quality, cultural resources, and scenic qualities.
(3) The project preserves or improves the safety and function of the facility through access management, traffic calming, or other design features.
(4) Project includes provision for bicycle and pedestrian circulation as
consistent with the comprehensive plan and other requirements of this ordinance.
(M) If review under this Section indicates that the use or activity is
inconsistent with the Transportation System Plan, the procedure for a comprehensive plan amendment shall be undertaken prior to or in conjunction with the conditional permit review.
(Ord. 83-4, passed 5-9-83; Ord. 2002-08, passed 8-14-2002)
§ 152.218 DIMENSIONAL STANDARDS.
In a FR-5 Forest Residential Zone, the following divisions, dimensions and standards shall apply:
(A) Minimum lot area.
(1) For dwellings, seasonal cabins, recreational vehicles, mobile homes and travel trailer, five acres;
(2) Conditional uses. Minimum lot sizes for all conditional uses shall be
determined by the Hearings Officer and DEQ considering the protection of public health, the size needed to accommodate the use and its accessory uses, and objective to
minimize the impact on surrounding properties.
(B) Pre-existing, non-conforming lots.
Dwellings, seasonal cabins, recreational vehicles, trailers, and mobile homes shall be allowed after the issuance of a zoning permit on these lots provided that the setback regulations are met according to division (C) of this section;
(C) Setback. No building shall be located closer than 35 feet from a lot line. A dwelling shall not be located within 500 feet of an existing aggregate mining operation unless the owner of the property of the proposed dwelling obtains a written release from the adjacent mining operation allowing a closer setback; and waives his rights to remonstrate against normal aggregate mining activities allowed by permits issued under this chapter.
(D) Minimum lot width. For residential purposes, no lot shall be longer than two and one-half times its width;
(E) Stream setback. To permit or afford better light, air, vision, stream pollution control, protect fish and wildlife areas and to preserve the natural scenic amenities and vistas along the streams, lakes and wetlands, the following setbacks shall apply:
(1) All sewage disposal installation, such as septic tanks and septic drainfields, shall be set back from the mean high-water line or mark along all streams, lakes or wetlands a minimum of 100 feet, measured at right angles to the high-water line or mark. In those cases where practical difficulties preclude the location of the facilities at a distance of 100 feet and the Department of Environmental Quality finds that a closer location will not endanger health, the Planning Director may permit the
location of these facilities closer to the stream, lake or wetland, but in no case closer than 50 feet;
(2) All structures, buildings or similar permanent fixtures shall be set back from the high-water line or mark along all streams, lakes or wetlands a minimum of 100 feet measured at right angles to the high-water line or mark.
(Ord. 83-4, passed 5-9-83)