Chapter 22.16 ZONING CLASSIFICATIONS SPECIAL MANAGEMENT AREAS

Chapter 22.16
ZONING CLASSIFICATIONS SPECIAL MANAGEMENT AREAS

Sections:

22.16.010 Agricultural (A) zone.

A. Uses Allowed Outright. The uses listed in Section 22.10.040(A) are allowed without review.

B. Uses Allowed Through Expedited Development Review. The uses listed in Section 22.10.050 are allowed with review pursuant to the provisions listed in Section 22.06.140.

C. Review Uses. The following uses may be allowed, subject to review by the administrator for compliance with all applicable provisions of this title, and if the use or development will be sited to minimize the loss of land suitable for the production of agricultural crops or livestock:

1. Agricultural structures, except buildings, in conjunction with agricultural use.

2. Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to Section 22.12.010.

3. Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (C)(4) or (5) of this section.

4. Accessory building(s) larger than two hundred square feet in area or taller than ten feet in height for a dwelling on any legal parcel less than or equal to ten acres in size are subject to the following additional standards:

a. The combined footprints of all accessory buildings on a single parcel shall not exceed one thousand five hundred square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.

b. The height of any individual accessory building shall not exceed twenty-four feet.

5. Accessory building(s) larger than two hundred square feet in area or taller than ten feet in height for a dwelling on any legal parcel larger than ten acres in size are subject to the following additional standards:

a. The combined footprints of all accessory buildings on a single parcel shall not exceed two thousand five hundred square feet in area. This combined size limit refers to all accessory buildings on a parcel, including buildings allowed without review, existing buildings and proposed buildings.

b. The footprint of any individual accessory building shall not exceed one thousand five hundred square feet.

c. The height of any individual accessory building shall not exceed twenty-four feet.

6. Fruit and produce stands.

7. Aquaculture.

8. Temporary asphalt/batch plant operations related to public road projects, not to exceed six months.

9. Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and/or natural resources, subject to Section 22.12.070. These projects may include new structures (e.g., fish ladders, sediment barriers) and/or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

10. Forest uses and practices, as allowed in Section 22.16.020.

11. A single-family dwelling necessary for and accessory to agricultural use, upon a demonstration that:

a. The proposed dwelling would be the only dwelling on the subject farm or ranch, including contiguous lots/parcels;

b. The minimum parcel size is at least forty contiguous acres;

c. The farm or ranch upon which the dwelling will be located is currently devoted to agricultural use, where the day-to-day activities of one or more residents of the agricultural dwelling will be principally directed to the agricultural use of the land; and

d. The farm or ranch is a commercial agricultural enterprise as determined by an evaluation of the following factors:

i. Size of the entire farm or ranch, including all land in the same ownership;

ii. Type(s) of agricultural uses (crops, livestock) and acreage;

iii. Operational requirements for the particular agricultural use common to area agricultural operations; and

iv. The farm or ranch, and all its contiguous parcels, must produce at least eighty thousand dollars in gross annual income in 2020 dollars. This gross annual income amount shall be indexed for inflation on an annual basis using Consumer Price Index data from the U.S. Bureau of Labor Statistics, and the new adjusted amount for each calendar year (calculated from 2020 dollars) will be posted on the Gorge Commission’s website by January 15th of each year. This determination can be made using the formula (X)(Y)(Z) = I where:

(A) X = Average yield of the commodity per acre, or unit of production;

(B) Y = Average price of the commodity;

(C) Z = Total acres suitable for production, or total units of production that can be sustained, on the subject farm or ranch; and

(D) I = Average income.

12. Farm labor housing on a parcel with an existing dwelling upon a showing that:

a. The proposed housing is necessary and accessory to a current agricultural use and the operation is a commercial agricultural enterprise as described in subsection (C)(11)(d) of this section.

b. The housing shall be seasonal unless it is shown that an additional full-time dwelling is necessary for the current agricultural use. Seasonal use shall not exceed nine months.

c. The housing shall be located to minimize the conversion of lands capable of production of farm crops and livestock and shall not force a significant change in or significantly increase the cost of accepted agricultural uses employed on nearby lands devoted to agricultural use.

13. Home occupations (see Section 22.12.060), if compatible with agricultural use. Buffer zones may be considered to protect agricultural practices from conflicting uses.

14. Bed and breakfast inns subject to Section 22.12.020, if the development is compatible with agricultural use. Buffer zones may be considered to protect agricultural practices from conflicting uses.

15. Utility facilities necessary for public service upon a showing that:

a. There is no alternative location with less adverse effect on agricultural lands.

b. The size is the minimum necessary to provide the service.

16. Community facilities and nonprofit facilities related to agricultural resource management.

17. Expansion of existing nonprofit group camps, retreats, and conference or education centers for the successful operation on the dedicated site. Expansion beyond the dedicated site is prohibited.

18. Public recreation, commercial recreation, interpretive and educational developments and uses, subject to Section 22.32.020.

19. Road and railroad construction and reconstruction.

20. Agricultural product processing and packaging, upon demonstration that the processing will be limited to products produced primarily on or adjacent to the property. “Primarily” means a clear majority of the product as measured by volume, weight or value.

21. Exploration, development and production of sand, gravel and crushed rock for the construction, maintenance or reconstruction of roads used to manage or harvest commercial forest products on lands within the special management areas.

22. New cultivation or new agricultural use outside of previously disturbed and regularly worked fields or areas. Clearing trees for new agricultural use is subject to the additional requirements of Section 22.16.020(C)(33).

23. On a parcel of forty acres or greater with an existing dwelling, the temporary placement and occupancy of a recreational vehicle or manufactured home in the case of a family hardship, subject to Section 22.12.110.

24. Additions to existing buildings greater than two hundred square feet in area or greater than the height of the existing building.

25. Docks and boathouses, subject to Section 22.12.050.

26. Removal/demolition of structures that are fifty or more years old, including wells, septic tanks and fuel tanks.

27. Disposal sites managed and operated by the Washington State Department of Transportation, or Skamania County department of public works for earth materials and any intermixed vegetation generated by routine or emergency/disaster public road maintenance activities within the National Scenic Area, subject to Section 22.12.040. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Section 22.12.040). (Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))

22.16.020 Forest (F) zone.

A. Uses Allowed Outright. The uses listed in Section 22.10.040(A) are allowed without review.

B. Uses Allowed Through Expedited Development Review. The uses listed in Section 22.10.050 are allowed with review pursuant to the provisions listed in Section 22.06.140.

1. Agricultural structures, except buildings, in conjunction with agricultural use.

b. The height of any individual accessory building shall not exceed twenty-four feet.

b. The footprint of any individual accessory building shall not exceed one thousand five hundred square feet.

c. The height of any individual accessory building shall not exceed twenty-four feet.

6. Fruit and produce stands.

7. Aquaculture.

8. Temporary asphalt/batch plant operations related to public road projects, not to exceed six months.

9. Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation and natural resources, subject to Section 22.12.070. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

10. A single-family dwelling necessary for and accessory to agricultural use, upon a demonstration that:

a. The proposed dwelling would be the only dwelling on the subject farm or ranch, including contiguous lots/parcels;

b. The minimum parcel size is at least forty contiguous acres;

d. The farm or ranch is a commercial agricultural enterprise as determined by an evaluation of the following factors:

i. Size of the entire farm or ranch, including all land in the same ownership;

ii. Type(s) of agricultural uses (crops, livestock) and acreage;

iii. Operational requirements for the particular agricultural use common to area agricultural operations; and

(A) X = Average yield of the commodity per acre, or unit of production;

(B) Y = Average price of the commodity;

(C) Z = Total acres suitable for production, or total units of production that can be sustained, on the subject farm or ranch; and

(D) I = Average income.

11. Farm labor housing on a parcel with an existing dwelling upon a showing that:

a. The proposed housing is necessary and accessory to a current agricultural use and the operation is a commercial agricultural enterprise as described in subsection (C)(10)(d) of this section.

b. The housing shall be seasonal unless it is shown that an additional full-time dwelling is necessary for the current agricultural use. Seasonal use shall not exceed nine months.

12. Home occupations (see Section 22.12.060), if compatible with agricultural use. Buffer zones may be considered to protect agricultural practices from conflicting uses.

13. Bed and breakfast inns subject to Section 22.12.020, if the development is compatible with agricultural use. Buffer zones may be considered to protect agricultural practices from conflicting uses.

14. Utility facilities necessary for public service upon a showing that:

a. There is no alternative location with less adverse effect on agricultural or forest lands.

b. The size is the minimum necessary to provide the service.

15. Community facilities and nonprofit facilities related to agricultural resource management.

16. Expansion of existing nonprofit group camps, retreats, and conference or education centers for the successful operation on the dedicated site. Expansion beyond the dedicated site is prohibited.

17. Public recreation, commercial recreation, interpretive and educational development and uses, subject to Section 22.32.020.

18. Road and railroad construction and reconstruction.

19. Agricultural product processing and packaging, upon demonstration that the processing will be limited to products produced primarily on or adjacent to the property. “Primarily” means a clear majority of the product as measured by volume, weight or value.

20. Exploration, development and production of sand, gravel and crushed rock for the construction, maintenance or reconstruction of roads used to manage or harvest commercial forest products on lands within the special management areas.

21. New cultivation or new agricultural use outside of previously disturbed and regularly worked fields or areas. Clearing trees for new agricultural use is subject to the additional requirements of subsection (C)(33) of this section.

22. On a parcel of forty acres or greater with an existing dwelling, the temporary placement and occupancy of a recreational vehicle or manufactured home in the case of a family hardship, subject to Section 22.12.110.

23. Additions to existing buildings greater than two hundred square feet in area or greater than the height of the existing building.

24. Docks and boathouses, subject to Section 22.12.050.

25. Removal/demolition of structures that are fifty or more years old, including wells, septic tanks and fuel tanks.

26. Disposal sites managed and operated by the Washington State Department of Transportation, or Skamania County department of public works for earth materials and any intermixed vegetation generated by routine or emergency/disaster public road maintenance activities within the National Scenic Area, subject to Section 22.12.040.

27. Silvicultural nurseries.

28. Fish hatcheries.

29. Temporary portable facilities for the processing of forest products.

30. Towers and fire stations for forest fire protection.

31. Community facilities and nonprofit facilities related to forest resource management.

32. One single-family dwelling on a parcel of forty contiguous acres or larger if an approved forest management plan demonstrates that such dwelling shall be necessary for and accessory to forest uses. The forest management plan shall demonstrate the following:

a. The dwelling will contribute substantially to the growing, propagation, and harvesting of trees. The principal purpose for allowing a dwelling on forest lands is to enable the resident to conduct efficient and effective management. This requirement indicates a relationship between ongoing forest management and the need for a dwelling on the subject property.

b. The subject parcel is enrolled in the state forest assessment program.

c. A plan for management of the parcel is approved by the Washington Department of Natural Resources. The plan must indicate:

i. The condition and productivity of lands to be managed;

ii. The operations the owner will carry out;

iii. A chronological description of when the operations will occur;

iv. Estimates of yield, labor and expenses; and

v. How the dwelling will contribute to the successful management of the property.

d. No other dwellings exist on the parcel which are vacant or currently occupied by persons not engaged in forest management of the subject parcel.

e. A declaration is signed by the landowner and recorded into the county deed records specifying that the owners, successors, heirs and assigns of the property are aware that adjacent and nearby operations are entitled to carry on accepted agricultural or forest practices.

f. The dwelling complies with county dwelling, siting and state/county fire protection requirements.

33. Clearing trees for new agricultural use with the following steps and subject to the following additional provisions:

a. A stewardship plan shall be submitted and deemed complete by the administrator and submitted to the Forest Service for review (see subsection (D)(4) of this section).

b. Clearing trees for new agricultural use shall be limited to fifteen acres.

c. If the stewardship plan proves that the above provision is detrimental to the proposed agricultural use, the final size of the clearing shall be determined by the application of subsection (C)(33)(d) of this section and subject to subsection (C)(33)(i) of this section.

d. After a thirty-day public comment period, the Forest Service shall review the stewardship plan using the following criteria:

i. Scenic resource provisions in review uses (subsections (D)(5)(a) and (g) of this section).

ii. SMA natural, cultural and recreational resource protection (Chapters 22.28, 22.30 and 22.32).

iii. The Natural Resource Conservation Service (NRCS) soil unit description shall indicate that soils are suitable for the proposed agricultural use. The woodland management tables shall be used as part of the analysis of suitability for both agricultural and forest uses.

iv. The size, shape and pattern on the landscape of the clearing for the new agricultural use shall blend with the surrounding landscape pattern either because the existing pattern includes agricultural openings or because the new agricultural opening is designed to appear natural.

e. The Forest Service shall send the review statement to the administrator. The Forest Service shall state whether or not the new agricultural use should proceed including any conditions that are recommended to be required by the administrator.

f. The administrator will accept an application for new agricultural use on forested lands after receipt of a positive review statement from the Forest Service.

g. The forest practice portion of the new agricultural use shall not be approved by the state forestry department or administrator until a decision on the new agricultural use is issued from the administrator.

h. The new agricultural use shall be operational within two years of the time frame described in the approved stewardship plan.

i. New agricultural uses with an approved stewardship plan requiring more than fifteen acres shall attain the final approved size sequentially. After the first fifteen cleared acres are operational, each subsequent clearing shall not occur until the previous clearing is operational.

34. Forest uses and practices, subject to subsection (D) of this section.

D. Forest Practices.

1. The Forest Service shall, in collaboration with the Department of Natural Resources, review site plans for forest practices for compliance with the SMA forest practice provisions. Forest Service review decisions on forest practices are subject to review by the regional forester.

2. The site plan shall include the following in addition to general site plan requirements under Section 22.06.060 and Section 22.06.080:

a. Delineate the following on a recent aerial photo or detailed map:

i. The size, shape, and exact location of the proposed treatment area including any clumps of leave trees to remain. If more than one silvicultural prescription is to be used, code each on the photo.

ii. Other important natural features of the subject parcel such as steep areas, streams, wetlands, rock outcrops, etc.

iii. Road and structure construction or reconstruction location.

iv. Location of proposed rock or aggregate sources.

v. Major skid trails, landings and yarding corridors.

vi. Commercial firewood cutting areas.

vii. Protection measures for scenic, cultural, natural and recreation resources, such as road closures.

b. Describe the existing forest in terms of species, ages, sizes, landscape pattern (including how it fits into the surrounding landscape pattern) and canopy closure for all canopy layers.

c. Describe how the forest practice will fit into the existing landscape pattern and how it will meet scenic and natural resource standards in review uses, subsections (D)(5) and (6) of this section.

d. Written silvicultural prescriptions with projected post-treatment forest condition specified in terms of species, ages, sizes, landscape pattern (including how it fits into the surrounding landscape pattern) and canopy closure for all canopy layers.

e. Road and structure construction or reconstruction design.

f. Existing and proposed rock pit development plans.

g. A discussion of slash disposal methods.

h. A reforestation plan as reviewed by the Washington Department of Natural Resources.

3. As part of the application, flag, stake or mark buffers, any trees or downed wood to be retained or removed (whichever makes the most sense), and areas for placing fill or removing material in preparation for a field visit by the reviewer.

4. Stewardship Plan Requirements. The following information, in addition to the applicable portions of the forest practice application requirements above and general site plan requirements (Sections 22.06.060 and 22.06.080) shall be provided:

a. Outline the long-term goals, proposed operations, and future sustainability of the subject parcel.

b. Describe the time frame and steps planned to reach the long-term goals.

c. For forest practices, describe how the proposed activities fit into the long-term goals and sustainability of the parcel and forest health. The following shall be addressed:

i. Describe the range of natural conditions expected in the forest in terms of tree species, structure, and landscape pattern.

ii. Describe what the resulting tree species, structure, and landscape pattern will be after the proposed activities.

iii. Give a clear explanation of how a deviation from the applicable provisions may better achieve forest health objectives.

iv. Give a clear explanation of how and why the proposed activities will move the forest towards its range of natural variability and result in reaching sustainability, resiliency to disturbances.

d. For clearing trees for new agricultural use, the following shall be addressed in addition to subsections (D)(4)(a) and (b) of this section:

i. Submit NRCS soil unit description and map for each soil unit affected by the proposed clearing or treatment.

ii. Based on the needs of the operation, give a clear explanation as to the exact size of the clearing needed and how it will meet the natural and scenic requirements set forth in subsections (D)(5)(a) through (d) of this section.

iii. Describe in sufficient detail for evaluation the proposed agricultural use, the improvements needed on the parcel, timeline for its establishment, and its marketability.

iv. Show evidence that an agricultural specialist, such as the county extension agent, has examined and found the proposed agricultural use reasonable and viable.

5. For forest practices, the following scenic resource provisions shall apply:

a. Forest practices shall meet the design provisions and scenic standards for the applicable landscape setting and zone (see Table 4 in Section 22.26.020).

b. In the western portion (to White Salmon River) of the SMA coniferous woodland landscape setting, no more than eight percent of the composite KVA viewshed from which the forest practice is topographically visible shall be in created forest openings at one time. The viewshed boundaries shall be delineated by the Forest Service. The Forest Service will assist (as available) in calculating and delineating the percentage of the composite KVA viewshed that is in created forest openings at one time.

c. In the western portion (to the White Salmon River) of the SMA Gorge walls, canyonlands and wildlands landscape setting, no more than four percent of the composite KVA viewshed from which the forest practice is topographically visible shall be in created forest openings at one time. The viewshed boundaries shall be delineated by the Forest Service. The Forest Service will assist (as available) in calculating and delineating the percentage of the composite KVA viewshed that is in created forest openings at one time.

d. For all other landscape settings, created forest openings visible at one time shall be within the desired range for the vegetation type as set forth in natural resources provisions in review uses, subsections (D)(6)(a) through (c) of this section.

e. Size, shape, and dispersal of created forest openings shall maintain the desired natural patterns in the landscape as set forth in natural resources provisions in review uses, subsections (D)(6)(a) through (c) of this section.

f. The maximum size of any created forest opening is set forth by the “desired” vegetation type in the Table 3 in subsection (D) of this section.

i. If the treatment is proposed to go beyond the above provision based on forest health or ecosystem function requirements, a stewardship plan shall be required.

ii. If the stewardship plan proves that the above provision is detrimental to either forest health or ecosystem function, the size of the created forest opening shall be within the natural range for the vegetation type as listed in the Table 3 in this section for each vegetation type, shall not mimic catastrophic fires, and shall maintain scenic standards.

g. Created forest openings shall not create a break or opening in the vegetation in the skyline as viewed from KVAs.

6. Forest practices shall maintain the following in addition to applicable natural resources provisions in Chapter 22.28:

a. Silvicultural prescriptions shall maintain the desired natural forest stand structures (tree species, spacing, layering, and mixture of sizes) based on forest health and ecosystem function requirements. Forest tree stand structure shall meet the requirements listed in Table 3 in this section for each vegetation type. Forest tree stand structure is defined as the general structure of the forest in each vegetation type within which is found forest openings.

b. Created forest openings shall be designed as mosaics not to exceed the limits defined as in Table 3 in this section unless proposed as a deviation as allowed under the scenic resource provision in review uses, subsection (D)(5)(f) of this section.

c. Snag and down wood requirements shall be maintained or created as listed in Table 3 in this section for each vegetation type.

d. If the treatment is proposed to deviate from the snag and down wood requirements based on forest health or ecosystem function requirements, a stewardship plan shall be required and shall demonstrate why a deviation from the snag and down wood requirements is required.

Table 3. Desired Forest Structure and Pattern
1	2	3		4		5	6	7
Vegetation Type#	Forest Structure (Average % total canopy closure (CC))*	Typical Forest Openings Size Disturbance Caused		Percent Openings at One Time		Leave Trees Includes all available remnant old forest	Average Down Wood Pieces 30' long/acre (scattered)	Average Snags (Conifers) No./acre Snags are 20-40' in height
Vegetation Type#	Forest Structure (Average % total canopy closure (CC))*	Historic (Natural)	Desired	Historic (Natural)	Desired	Leave Trees Includes all available remnant old forest	Average Down Wood Pieces 30' long/acre (scattered)
West Conifer	• 60-80% CC • Understory layer variable (0-60% of total CC)	• Variable sizes with mosaic pattern, irregular shapes • Mosaic fire 1-100 acres • Catastrophic fire over 100 acres	• Retain forested character • Allow openings up to 15 acres (up to 5 acres in foreground of KVAs) • All openings 1 acre or less on national forestland and all open space LUD • Openings retain 15-40% CC	• 10% (mosaic fire) up to 55% (catastrophic fire) • Intense fire return interval is 300 years	• Not to exceed 8% for west coniferous woodland landscape setting and not to exceed 4% for Gorge walls, canyonlands and wildlands landscape setting • Widely dispersed, variable sized mosaic of irregular shapes blending with existing openings	• Leave 15% of existing trees per acre throughout opening and in clumps • Include 3 trees per acre of the largest size trees available	• 18-25 pieces greater than 20" dbh	• 10 snags at 10-20" dbh and 7 snags greater than 20" dbh
East Conifer (Ponderosa Pine/Douglas fir)	• 40-80% CC • Understory layer variable (less than 25% of total CC)	• Few openings due to low intensity fires • 1/4 to 2 acres	• Openings less than 1 acre • Openings have 0-40% CC • Openings widely dispersed	• 1-10%	• 1-10% (% by vegetation type)	• No leave trees required	• 3-6 pieces greater than 20" dbh	• 5 snags at 10-20" dbh and 3 snags greater than 20" dbh
Ponderosa Pine/Oregon Oak	• 25-60% CC • Understory layer greater than 25% of total CC	• Most natural openings due to poor soil • Disturbance openings few	• Openings less than 1 acre • Openings have 0-25% CC • Openings widely dispersed	• 1-10%	• 1-10% (% by vegetation type)	• No leave trees required	• 1-3 pieces greater than 20" dbh	• 5 snags at 10-20" dbh and 3 snags greater than 20" dbh • Oak snags can be counted if already dead or partially dead
# Map available at the Forest Service National Scenic Area Office				* Does not apply to openings		dbh: diameter at breast height

(Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))

22.16.030 Public recreation (P) zone.

A. Uses Allowed Outright. The uses listed in Section 22.10.040(A) are allowed without review.

B. Uses Allowed Through Expedited Development Review. The uses listed in Section 22.10.050 are allowed with review pursuant to the provisions listed in Section 22.06.140.

C. Review Uses. The following uses may be allowed, subject to review by the administrator for compliance with all applicable provisions of this title:

1. Forest uses and practices, consistent with the provisions of Section 22.16.020, except uses listed in Section 22.16.020(C)(4), (5), (17) and (26).

2. One (1) single-family dwelling on a parcel of forty contiguous acres or larger when it either meets the conditions established for dwellings on agriculture and forest lands or when shown to be necessary for public recreation site management purposes.

3. New cultivation or new agricultural use outside of previously disturbed and regularly worked fields or areas. Clearing of trees for new agricultural use is subject to Section 22.16.020(C)(33).

4. Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation or natural resources, subject to Section 22.12.070. These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

5. Public trails, consistent with Section 22.32.020.

6. Public recreational facilities, consistent with Section 22.32.020.

7. Public nonprofit group camps, retreats, conference or educational centers and interpretive facilities.

8. Home occupations. See also Section 22.12.060.

9. Road and railroad construction and reconstruction.

10. Utility facilities for public service if:

a. There is no alternative location with less adverse effect on public recreation land; and

b. The size is the minimum necessary to provide the service.

11. Accessory structures for an existing or approved dwelling that are not otherwise allowed outright, eligible for the expedited development review process, or allowed in subsection (C)(12) of this section.

12. Accessory buildings larger than two hundred square feet in area or taller than ten feet in height for a dwelling on any legal parcel are subject to the following additional standards:

b. The height of any individual accessory building shall not exceed twenty-four feet.

13. On a parcel of forty acres or greater with an existing dwelling, the temporary placement and occupancy of a recreational vehicle or manufactured home in the case of a family hardship, subject to Section 22.12.110.

14. Additions to existing buildings greater than two hundred square feet in area or greater than the height of the existing building.

15. Docks and boathouses, subject to Section 22.12.050.

16. Removal/demolition of structures that are fifty or more years old, including wells, septic tanks and fuel tanks.

17. Agricultural structures, except buildings, in conjunction with agricultural use.

18. Agricultural buildings in conjunction with current agricultural use and, if applicable, proposed agricultural use that a landowner would initiate within one year and complete within five years, subject to Section 22.12.010.

19. Fruit and produce stands upon a showing that sales will be limited to agricultural products raised on the property and other agriculture properties in the local region.

20. Aquaculture.

21. Temporary asphalt/batch plant operations related to public road projects, not to exceed six months.

22. A single-family dwelling necessary for and accessory to agricultural use, upon a demonstration that:

a. The proposed dwelling would be the only dwelling on the subject farm or ranch, including contiguous lots/parcels;

b. The minimum parcel size is at least forty contiguous acres;

d. The farm or ranch is a commercial agricultural enterprise as determined by an evaluation of the following factors:

i. Size of the entire farm or ranch, including all land in the same ownership;

ii. Type(s) of agricultural uses (crops, livestock) and acreage;

iii. Operational requirements for the particular agricultural use common to area agricultural operations; and

iv. The farm or ranch, and all its constituent parcels, must produce at least eighty thousand dollars in gross annual income in 2020 dollars. This gross annual income amount shall be indexed for inflation on an annual basis using Consumer Price Index data from the U.S. Bureau of Labor Statistics, and the new adjusted amount for each calendar year (calculated from 2020 dollars) will be posted on the Gorge Commission’s website by January 15th of each year. This determination can be made using the formula (X)(Y)(Z) = I where:

(A) X = Average yield of the commodity per acre, or unit of production;

(B) Y = Average price of the commodity;

(C) Z = Total acres suitable for production, or total units of production that can be sustained, on the subject farm or ranch; and

(D) I = Annual income.

23. Farm labor housing on a parcel with an existing dwelling upon a showing that:

a. The proposed housing is necessary and accessory to a current agricultural use and the operation is a commercial agricultural enterprise as described in subsection (C)(22)(d) of this section.

b. The housing shall be seasonal unless it is shown that an additional full-time dwelling is necessary for the current agricultural use. Seasonal use shall not exceed nine months.

24. Community facilities and nonprofit facilities related to agricultural resource management.

25. Expansion of existing nonprofit group camps, retreats, and conference or education centers for the successful operation on the dedicated site. Expansion beyond the dedicated site is prohibited.

26. Agricultural product processing and packaging, upon demonstration that the processing will be limited to products produced primarily on or adjacent to the property. “Primarily” means a clear majority of the product as measured by volume, weight or value.

27. Exploration, development and production of sand, gravel and crushed rock for the construction, maintenance or reconstruction of roads used to manage or harvest commercial forest products on lands within the special management areas.

28. Bed and breakfast inns subject to Section 22.12.020 if the development is compatible with public recreation uses. Buffer zones may be considered to protect public recreation practices from conflicting uses. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))

22.16.040 Open space (S-O) zone.

A. Uses Allowed Outright. The uses listed in Section 22.10.040(B) are allowed without review.

B. Uses Allowed Through Expedited Development Review. The uses listed in Section 22.10.050 are allowed with review pursuant to the provisions listed in Section 22.06.140.

C. Review Uses. The following uses may be allowed, subject to review by the administrator for compliance with all applicable provisions of this title:

1. Changes in existing uses, including reconstruction, replacement and expansion of existing structures and transportation facilities, except for commercial forest practices.

2. Resource enhancement projects for the purpose of enhancing scenic, cultural, recreation, or natural resources, subject to the provisions in resource enhancement projects (Section 22.12.070). These projects may include new structures (e.g., fish ladders, sediment barriers) or activities (e.g., closing and revegetating unused roads, recontouring abandoned quarries).

3. Low-intensity recreation uses and development, including educational and interpretative facilities, consistent with Section 22.32.020.

4. Utility facilities for public service, upon a showing that:

a. There is no alternative location with less adverse effect on open space land.

b. The size is the minimum necessary to provide the service.

5. Removal/demolition of structures that are fifty or more years old, including wells, septic tanks and fuel tanks.

6. Treatment of noxious weeds shall be permitted without completion of an SMA open space plan when the following criteria have been met:

a. Noxious weed infestation is new and eradication is still viable.

b. Delayed or deferred treatment could have widespread or major or adverse impacts to one or more of the following resources:

i. Displacement of native and traditionally gathered plants;

ii. Degradation of wildlife habitat and forage;

iii. Degradation or loss of agricultural uses of land, such as cropland or livestock forage;

iv. Limitation of recreational uses.

c. For federal lands, treatment effects have been thoroughly evaluated in an environmental assessment.

D. Open Space Plan Requirements.

1. An open space plan shall be completed by the primary managing agency or landowner prior to any new land uses or developments within the S-O zone, and shall be reviewed by the Forest Service and the administrator.

2. The open space plan shall include the following:

a. Direction for resource protection, enhancement and management.

b. Review of existing uses to determine compatibility with open space values.

c. Consultation with members of the public and with agency and resource specialists. (Ord. 2021-05 (Att. A), 12-14-21; Ord. 2018-04 (Exh. A), 4-17-18; Ord. 2008-06 (part): Ord. 2006-11 (part): Ord. 2005-07 (part))