In a T-C Zone, the following uses are permitted and shall be governed by the provisions of the Oregon Forest Practices Act, being O.R.S. 527.610 through 527.810, and the applicable statute of the latest state statutes. Uses not expressly mentioned are not allowed.
(A) Uses permitted outright. The following uses are permitted in T-C Zone, subject to obtaining a permit from the Oregon Department of Forestry and subject to applicable siting criteria, other applicable provisions of this section, and applicable provisions of §§ 152.055 through 152.076, 152.115 through 152.117, 152.130 through 152.136, and 152.225 through 152.235 of this chapter:
(1) Forest operations or forest practice including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of a forest tree species, application of chemicals, and disposal of slash;
(2) Temporary on-site structures which are auxiliary to and used during the term of a particular forest operation. As used in this division (A)(2),
AUXILIARY means a use or alteration of a structure or land which provides help or is directly associated with the conduct of a particular forest practice. An “auxiliary structure” is located on-site, temporary in nature, and is not designed to remain for the forest’s entire growth cycle from planting to harvesting. An auxiliary use is removed when a particular forest practice has concluded;
(3) Physical alterations to the land auxiliary to forest practices, including but not limited to, those made for purposes of exploration, mining, commercial gravel extraction, and processing, landfills, dams, reservoirs, road construction, or recreational facilities;
(4) Uses to conserve soil, air, and water quality, and to provide for wildlife and fisheries resources;
(5) Farm use as defined in the applicable statute of the latest state statutes;
(6) Local distribution lines, such as electric, telephone, and natural gas, and accessory equipment, such as electric distribution transformers, poles, meter cabinets, terminal boxes, pedestals, or equipment which provides service hookups, including water service hookups;
(7) Temporary portable facility for the primary processing of forest products. The facility shall not be placed on a permanent foundation and shall be removed at the conclusion of the forest operation requiring its use;
(8) Temporary forest labor camps limited to the duration of the forest operation requiring the use;
(9) Exploration for, and production of, geothermal, gas, oil, and other associated hydrocarbons, including the placement and operation of compressors, separators, and other customary production equipment for an individual well adjacent to the well head as defined in the applicable statute of the latest state statutes;
(10) Caretaker residences for public parks and fish hatcheries;
(11) Private hunting and fishing operations without any accommodations;
(12) Exploration for mineral and aggregate resources as defined in the applicable statute of the latest state statutes;
(13) Towers and fire stations for forest fire protection;
(14) Widening of roads within existing rights-of-way in conformance with the transportation element of acknowledged comprehensive plans, including public road and highway projects as described in the applicable statute of the latest state statutes;
(15) Water intake facilities, canals, and distribution lines for farm irrigation and ponds;
(16) Uninhabitable structures accessory to fish and wildlife enhancement; and
(17) (a) Alteration, restoration, or replacement of a lawfully established dwelling that has:
1. Intact exterior walls and roof structure;
2. Indoor plumbing consisting of a kitchen sink, toilet, and bathing facilities connected to a sanitary waste disposal system;
3. Interior wiring or interior lights; and
4. A heating system.
(b) In the case of replacement, the original building is to be removed, demolished, or converted to a permitted non-residential use within 90 days of completion of the replacement dwelling.
(1) Temporary log scaling and weigh station;
(2) Parks and campgrounds;
(3) Television, microwave, and radio communication facilities and transmission towers;
(4) Fire stations for rural fire protection;
(5) Aids to navigation and aviation;
(6) Water intake facilities, related treatment facilities, pumping stations, and distribution lines for uses other than farm use;
(7) Reservoirs and water impoundments;
(8) New electric transmission lines with right-of-way widths of up to 100 feet as specified in the applicable statute of the latest state statute. New distribution lines, such as gas, oil, and geothermal, with rights-of-way 50 feet wide or less in width;
(9) Temporary asphalt and concrete batch plants as accessory uses to specific highway projects;
(10) Public road and highway projects as described in the applicable statute of the latest state statute; or
(11) Forest management research and experimentation facilities as defined by the applicable statute of the latest state statute or where accessory to forest operations;
(C) Limitations on conditional uses. The City Planner or Planning Commission shall determine whether a use authorized by division (B) above meets the following requirements. These requirements are designed to make the use compatible with forest operations and agriculture, and to conserve values found on forest lands:
(1) The proposed use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on agriculture or forest lands;
(2) The proposed use will not significantly increase fire hazard, significantly increase fire suppression costs, or significantly increase risks to fire suppression personnel; and
(3) A written statement is recorded with the deed or a written contract is made with the city or its equivalent, in which the land owner recognizes the rights of adjacent and nearby land owners to conduct forest operations consistent with the Forest Practices Act, being O.R.S. 527.610 through 527.810, and divisions (B)(1), (B)(10), and (B)(11) above.
(D) Lot size standards. The minimum lot size shall be 80 acres.
(E) General requirements for all buildings. In addition to the other applicable requirements of this section, all buildings authorized in the T-C Zone shall be subject to the following conditions:
(1) The property owner shall submit a stocking survey report to the County Assessor and the Assessor shall verify that the minimum stocking requirements have been met by the time required by Department of Forestry rules. The Assessor shall inform the Department of Forestry in cases where the property owner has not submitted a stocking survey report or where the survey report indicate that minimum stocking requirements have not been met;
(2) Upon notification by the Assessor, the Department of Forestry shall determine whether the tract meets minimum stocking requirements of the Forest Practices Act, being O.R.S. 527.610 through 527.810. If the Department determines that the tract does not meet those requirements, the Department shall notify the owner and the Assessor that the land is not being managed as forest land. The Assessor shall then remove the forest land designation pursuant to the applicable statute and impose the additional tax pursuant to the applicable state statute; and
(3) The applicant shall provide evidence to the city that the domestic water supply is from a source authorized in accordance with the Water Resources Department’s administrative rules for the appropriation of ground water or surface water and not from a Class II stream as defined in the Forest Practices Rules, O.A.R. 629, 2003 Edition. For purposes of this division (E)(3), evidence of a domestic water supply means verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor’s rights to appropriate water.
(F) Siting and fire protection standards for buildings. The following siting and fire protection standards shall apply to all new buildings:
(1) (a) Buildings and structures shall be sited on the subject lot or parcel so that:
1. They have the least impact on nearby or adjoining forest lands;
2. Adverse impacts on forest operations and accepted farming practices on the tract will be minimized;
3. The amount of forest land used to site access roads, service corridors, the building and structures is minimized; and
4. The risks associated with wildfire are minimized.
(b) The Planning Commission may impose conditions on any building approval which are deemed necessary to ensure conformance with the standards contained in this division (F)(1)(a) above including, but not limited to, requiring increased setbacks from adjoining properties, siting on that portion of a property least suitable for growing trees, or clustering near existing buildings or roads.
(2) Buildings shall have fire retardant roofs conforming to the requirements of § R 221.4.2.1 of the State of Oregon One- and Two-Family Dwelling Specialty Code, 1993 Edition;
(3) Buildings shall be sited on slopes of 40% or less;
(4) A primary fire break no less than 30 feet wide shall be provided and maintained. The primary firebreak may include a lawn, ornamental shrubbery, or individual or groups of trees separated by a distance equal to the diameter of the crowns adjacent to each other, or 15 feet, whichever is greater. All trees shall be pruned to at least eight feet in height. Dead fuels shall be removed;
(5) A secondary firebreak cleared of all dead fuels shall be provided and maintained. The size of the secondary firebreak shall be:
(a) On slopes of less than 10%, 50 feet beyond the primary firebreak;
(b) On slopes of 11% to 25%, 75 feet beyond the primary firebreak;
(c) On slopes of 26% to 40%, 100 feet beyond the primary firebreak; or
(d) On slopes greater than 40%, 150 feet beyond the primary firebreak.
(6) All chimneys shall be equipped with a spark arrester;
(7) If a building is to be located on a parcel that is within a fire protection district, the applicant shall provide evidence that the applicant has asked to be included in such district;
(8) If a building is to be located on a lot or parcel that is not within a fire protection district, the applicant shall either:
(a) Provide evidence that residential fire protection is provided to the property by contract and that such contracted service is comparable to that generally provided by fire protection districts in the rural areas of the county; or
(b) On site fire protection means are provided. Such means shall consist of:
1. Fire sprinkling system or systems;
2. On-site water storage and pumping equipment. Such a water supply shall consist of a swimming pool, pond, lake, or similar body of water that at all times contains at least 4,000 gallons or a stream with a minimum flow of one CFS. Road access shall be provided to within 15 feet of the water’s edge for fire fighting equipment and shall provide a turnaround for fire fighting equipment; or
3. Other methods which provide at least a comparable level of protection to that contained in division (F)(8)(b)1. and 2. above, and which are reasonable given site conditions.
(9) No building shall exceed a height of 30 feet except for fire towers.
(G) Fire safety design standards for roads. The following standards apply to all roads and driveways which access uses permitted under divisions (A) and (B) above, except for private roads accessing only commercial forest uses.
(1) Width. Access roads serving three or fewer buildings shall have a 12-foot improved width and a 20-foot horizontal clearance. Access roads serving more than three buildings shall have a 16-foot improved width and a 20-foot horizontal clearance.
(2) Construction.
(a) Access roads must be improved with an all weather surface. Roads, bridges, and culverts shall be designed and maintained to support a minimum gross vehicle weight (GVW) of 50,000 pounds.
(b) If bridges or culverts are involved in the construction of a road or driveway, written verification of compliance with the 50,000 pound GVW standard shall be provided by a professional engineer, registered in the state.
(3) Vertical clearance. Access roads shall have an unobstructed vertical clearance of not less than 13.5 feet.
(4) Turnarounds. Dead-end roads over 150 feet in length shall provide a turnaround adequate for emergency vehicles with a design approved by the Fire Chief or Fire Marshal.
(5) Turnouts. Access roads greater than 400 feet in length shall have turnouts at a maximum spacing of one-half the length of the access road or 400 feet, whichever is less. Turnouts shall be an all weather surface at least ten feet wide and 40 feet long.
(6) Road grade.
(a) Road grades shall not exceed 12%, except that a maximum of 15% may be permitted on pitches less than 200 feet long.
(b) Variations from these standards may be granted by the fire service having responsibility for the area when topographic conditions make these standards impractical and where the local fire protection district states that their fire fighting equipment can negotiate the proposed road grades.
(7) Certification. The applicant shall provide an as-built certification stamped by a licensed professional engineer registered in the state verifying that road safety design standards set forth in this section have been met.
(Ord. 71, passed 8-19-1980; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010) Penalty, see § 152.999
Statutory reference:
Water Protection Rules: Purpose, Goals, Classification, and Riparian Management Areas, see Department of Forestry, O.A.R. 629, Division 635
Water Protection Rules: Protection Measures for “Other Wetlands,” Seeps, and Springs, see Department of Forestry, O.A.R. 629, Division 655
Water Protection Rules: Riparian Management Areas and Protection Measures for Lakes, see Department of Forestry, O.A.R. 629, Division 650
Water Protection Rules: Riparian Management Areas and Protection Measures for Significant Wetlands, see Department of Forestry, O.A.R. 629, Division 645
Water Protection Rules: Specific Rules for Operations, see Department of Forestry, O.A.R. 629, Division 660
Water Protection Rules: Vegetation Retention along Streams, see Department of Forestry, O.A.R. 629, Division 642