Page 93 - Rural Tourism Report Washington County
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CHAPTER 4: RURAL TOURISM REGULATORY FRAMEWORK
Noise Regulations Analysis
According to residents involved in this study and
in prior agritourism outreach, noise/amplified Preliminary Observations on Existing
sound are chief concerns of those living near rural Regulations
tourism sites. The Washington County Community The suitability of allowing certain uses by right or by
Development Code (CDC) and the Washington County special permit in the various districts is discussed
Code (WCC) include noise standards. Per CDC Section below.
423-6, “All development shall comply with the State
Department of Environmental Quality Standards Wineries are likely to use ORS215.452/.453 if
relating to noise...” While DEQ noise regulations they can.
“remain on the books” according to the state, their As previously described, state laws allow certain
noise control program was terminated in 1991. wineries in the AF-20 and EFU districts to use either
Reliance on outmoded state standards may pose the provisions of ORS 215.213 (if adopted by counties)
compliance difficulties at the county level. or ORS 215.452/.453, but not both. As codified in
ORS 215.452/.453, these wineries are now permitted
Washington County Code (WCC) Chapter 8.24.030 to have a wide range of subordinate and accessory
prohibits creation of noise that “unreasonably uses including rural tourism/related commercial
annoys, disturbs, injures or endangers the comfort, uses. The provisions of ORS 215.452 and -.453
repose, health, peace or safety of any person of are both mandatory and more generous than the
normal sensitivity in a… dwelling… between… 10:00 provisions found in ORS 215.213. Implementation of
p.m. and 7:00 a.m. Monday through Saturday, agritourism provisions of ORS 215.213 by counties is
and all day on Sunday.” Per the WCC, violations voluntary. That being the case, it would seem most
are considered based on noise volume, intensity, existing and future wineries that are eligible would
duration, recurrence, time of day, whether audible choose to be regulated under ORS 215.452/.453. On
from inside a dwelling, and area characteristics. the other hand, those wineries that don’t meet the
Exempt noises include those generated by forestry/ size or production standards required to use these
farming practices, organized athletics, emergency provisions would likely use the 215.213 agritourism
equipment, vehicular traffic, railroads/aircraft, and provisions.
household lawn and garden equipment operated
between 7 a.m. and 10 p.m. Possible expansion of agritourism uses in EFU and
AF-20.
In Washington County, the Sheriff’s Office and Type II EFU and AF-20 already allow several rural
the Solid Waste & Recycling Program are tasked tourism uses, including farm stands, limited
with addressing noise complaints. Both note, bed and breakfast operations/room and board
however, that lack of WCC-specified decibel limits accommodations, private parks, and commercial
and measurement standards require reliance activities in conjunction with farm use. Some uses
on subjective considerations that complicate that require Type II special permits are not allowed
enforcement. on high-value farm land if it must be demonstrated
WASHINGTON COUNTY RURAL TOURISM STUDY 89
