40.240.090    Existing Uses (REPEALED)

Except as otherwise provided below, existing uses in the Clark County portion of the Scenic Area may continue, notwithstanding the provisions of this chapter.

A.    Except as otherwise provided, any use or structure existing on the effective date of the Management Plan, may continue so long as it is used in the same manner and for the same purpose as on that date.

B.    Any use or structure damaged or destroyed by disaster or an emergency event shall be treated as an existing use or structure if an application for replacement in kind and in the same location is filed within two (2) years of such damage or destruction. Such uses or structures shall be subject to compliance with guidelines for protection of scenic resources involving color, reflectivity and landscaping. Replacement of an existing use or structure, including those damaged or destroyed by disaster of an emergency event, by the same type of use or structure in a different location or with a different size shall be subject to Sections 40.240.490 through 40.240.590.

C.    Replacement or reestablishment of a use or structure discontinued for more than one (1) year shall be subject to this chapter. Except as otherwise provided, an existing use or structure may be replaced within one (1) year of discontinuation if used for the same purpose at the same location. This includes replacing an existing mobile home with a framed residence.

D.    In the Special Management Area, existing commercial and multifamily residential uses may expand as necessary for successful operation on the dedicated site, subject to Sections 40.240.490 through 40.240.590 to minimize adverse effects on scenic, cultural, natural and recreation resources. Expansion beyond the dedicated site is prohibited. Commercial uses discontinued for one (1) year or more shall no longer be considered as an existing use and shall no longer be permitted, in accordance with the provisions this chapter.

E.    Existing industrial uses in the General Management Area may expand as necessary for successful operation on the dedicated site. Expansion beyond the dedicated site is prohibited.

F.    In the General Management Area, existing industrial uses may convert to less intensive uses. A less intensive use is a commercial, recreation or residential use with fewer adverse effects upon scenic, cultural, natural and recreation resources.

G.    In the General Management Area, existing development or production of mineral resources may continue unless the Gorge Commission determines that the uses adversely affect the scenic, cultural, natural or recreation resources of the Scenic Area. These uses will be considered discontinued and subject to this chapter if any of the following conditions exist:

1.    The mined land has been reclaimed naturally or artificially to a point where it is revegetated to fifty percent (50%) of its original cover (considering both basal and canopy) or has reverted to another beneficial use, such as grazing. Mined land shall not include terrain which was merely leveled or cleared of vegetation.

2.    The site has not maintained a required state permit.

3.    The site has not operated legally within five (5) years before the date of adoption of the Management Plan.

H.    Uses involving the exploration, development or production of sand, gravel or rock in the Special Management Area may continue when:

1.    The sand, gravel, or crushed rock is used for construction or maintenance of roads used to manage or harvest forest products in the Special Management Area; and

2.    A determination by the Forest Service finds that the use does not adversely affect the scenic, cultural, natural or recreation resources.

I.    Except as otherwise provided, whether a use has a vested right to continue will be determined by the law on vested rights in the appropriate state.