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Ord 1446
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Ord 1446
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Last modified
6/28/2023 4:21:35 PM
Creation date
10/30/2024 4:10:25 PM
Metadata
Fields
Template:
Land Use
Case_Number
21-005
Document_Date
8/24/2022
Land Use Type
Zone Change
Document_Type
Decision
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not applying the Goal to areas with certain characteristics. This mechanism is the goal <br />exception process that requires specific findings justifying why such lands are not available for <br />resource use. There are three types of exceptions to the Goals that may be granted. The first <br />two are based on the concept that the subject Property is "physically developed" or "irrevocably <br />committed" to a certain use. The third is a "reasons" exception where there is a demonstrated <br />need for the proposed use or activity. The Applicant indicated that the proposal qualifies for <br />an irrevocably committed exception to Goal 3 and Goal 14. <br />3. Goal exceptions are governed by Statewide Planning Goal 2. Goal 2 is implemented through <br />Oregon Administrative Rule (OAR) 660-004. Under OAR 660-004-0028(1), a local <br />government may adopt an exception to a goal when the land is irrevocably committed to uses <br />not allowed by the applicable goal because existing adjacent uses and other relevant factors <br />make uses allowed by the applicable goal impractical. According to OAR 660-004-0028(2), <br />whether land is irrevocably committed depends on the relationship between the proposed <br />exception area and the lands adjacent to it. The findings for a committed exception must address <br />the following: <br />(1) A local government may adopt an exception to a goal when the land subject to the <br />exception is irrevocably committed to uses not allowed by the applicable goal because <br />existing adjacent uses and other relevant factors make uses allowed by the applicable goal <br />impracticable: <br />(a) A "committed exception" is an exception taken in accordance with ORS 197.732(2)(b), <br />Goal 2, Part II(b), and with the provisions of this rule, except where other rules apply <br />as described in OAR 660-004-0000(1). <br />(b) For the purposes of this rule, an "exception area" is that area of land for which a <br />"committed exception" is taken. <br />(c) An "applicable goal," as used in this rule, is a statewide planning goal or goal <br />requirement that would apply to the exception area if an exception were not taken. <br />(2) Whether land is irrevocably committed depends on the relationship between the exception <br />area and the lands adjacent to it. The findings for a committed exception therefore must <br />address the following: <br />(a) The characteristics of the exception area; <br />(b) The characteristics of the adjacent lands; <br />(c) The relationship between the exception area and the lands adjacent to it; and <br />(d) The other relevant factors set forth in OAR 660-004-0028(6). <br />(3) Whether uses or activities allowed by an applicable goal are impracticable as that term is <br />used in ORS 197.732(2)(b), in Goal 2, Part II(b), and in this rule shall be determined <br />through consideration of factors set forth in this rule, except where other rules apply as <br />described in OAR 660-004-0000(1). Compliance with this rule shall constitute compliance <br />with the requirements of Goal 2, Part II. It is the purpose of this rule to permit irrevocably <br />committed exceptions were justified so as to provide flexibility in the application of broad <br />resource protection goals. It shall not be required that local governments demonstrate that <br />every use allowed by the applicable goal is "nnpossible." For exceptions to Goals 3 or.4, <br />local governments are required to demonstrate that only the following uses or activities <br />are impracticable: <br />(a) Farm use as defined in ORS 215.203; <br />(b) Propagation or harvesting of a forest product as specified.in OAR 660-033-0120; and <br />(c) Forest operations or forest practices as specified in OAR 660-006-0025(2)(a). <br />Exhibit A - Findings Case No. CP/ZC 21-005 4 <br />4864-0600-7078, v. 3 <br />
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