Page 96 - Rural Tourism Report Washington County
P. 96

CHAPTER 4: RURAL TOURISM REGULATORY FRAMEWORK




               Although this work was put on hold to make           from having to make administrative
               way for this broader study of rural tourism          interpretations, which then can lead to
               in the County, the results of this work should       inconsistent, and potentially unfair outcomes

               not be lost. The County could review the             over time. Amendments to the CDC can be
               work done in 2014 in light of the findings in        augmented by identifying a planning staff
               this rural tourism study, and carry forward          expert/navigator, creating a website, and
               regulatory approaches and/or specific                developing pamphlets, fact sheets and other
               provisions that appear warranted. Should             written materials .
               the County proceed in this direction, once           • In any code amendments to implement new
               an acceptable program for the EFU and AF-            regulations, the “devil is in the details.” Some
               20 districts is developed, the County could          substantive considerations:
               consider using it as a template for the other

               rural districts.                                        » The County’s rural areas are primarily
                                                                      intended to support farm, forest, and
                • In its Issue Paper, the County analyzed the         natural resource uses, and thus must be

               provisions of five other Oregon counties and,          protected in perpetuity, especially in rural
               undoubtedly, identified concepts/provisions            reserves. According to SB 960, agritourism
               that might be workable within Washington               and related commercial activities must
               County’s regulatory framework. The County              be "incidental and subordinate" to the
               may want to consider borrowing concepts,               primary agricultural/forest use. There
               definitions, and process/substantive                   is some question whether the state
               provisions from other Oregon jurisdictions             legislation was intended to encourage
               that have already adopted code provisions              agritourism only in areas primarily devoted
               to implement ORS 215.213, as modified by SB            to agricultural, not forest, use. As a result,

               960. In doing so, the County could review              this range of uses must be regulated
               the track record for these regulations and             carefully and artfully to minimize adverse
               the degree to which the incorporation of               impacts on neighboring farm/forest
               such provisions would fit into Washington              operations and rural residences.
               County’s overall CDC framework and specific
               goals for this project.                                 » Regulations must be carefully crafted
                                                                      to address impacts. This can be done
                • Land use regulations should be clear,               for event-based activities by regulating
               concise, and adequately detailed so that all           at various levels of permitting by land
               stakeholders can be assured that all permit            use district, location, site size, intensity,
               applications will be treated consistently              duration, frequency, operational
               using the same set of rules. A community               characteristics, and cumulative impacts of
               development code that explicitly describes             overlapping events.

               applicable substantive and process
               requirements relieves the planning staff

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