Department of Land Conservation and Development 
635 Capitol Street, Suite 150 
Salem, OR 9730 1-2540 
(503) 373-0050 
Fax (503) 378-5518 
w w w . Icd.state.or.us 
/Bra 
02/07/2012 
TO: Subscribers to Notice of Adopted Plan 
or Land Use Regulation Amendments 
FROM: Plan Amendment Program Specialist 
SUBJECT: Curry County Plan Amendment 
DLCD File Number 003-11 
The Department of Land Conservation and Development (DLCD) received the attached notice of adoption. 
A Copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local 
government office. 
Appeal Procedures* 
DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: Thursday, February 23, 2012 
This amendment was submitted to DLCD for review prior to adoption pursuant to ORS 197.830(2)(b) 
only persons who participated in the local government proceedings leading to adoption of the amendment 
are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). 
If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals 
(LUBA) no later than 21 days from the date the decision was mailed to you by the local government. If 
you have questions, check with the local government to determine the appeal deadline. Copies of the 
notice of intent to appeal must be served upon the local government and others who received written notice 
of the final decision from the local government. The notice of intent to appeal must be served and filed in 
the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 
503-373-1265, if you have questions about appeal procedures. 
*NOTE: The Acknowledgment or Appeal Deadline is based upon the date the decision was mailed by local 
government. A decision may have been mailed to you on a different date than it was mailed to 
DLCD. As a result, your appeal deadline may be earlier than the above date specified. NO LUBA 
Notification to the jurisdiction of an appeal by the deadline, this Plan Amendment is acknowledged. 
Cc: David Pratt, Curry County 
Jon Jinings, DLCD Community Services Specialist 
Dave Perry, DLCD Regional Representative 
NOTICE OF ADOPTED AMENDMENT 
<paa> YA 
n In person Q electronic O mailed 
12 DLCD DEPTOF 
Notice of Adoption FEB 0 3 2012 
LAND CONSERVATION 
This Form 2 must be mailed to DLCD within 5-Woi king Davs after the Final AND DEVELOPMENT 
Ordinance is signed by the public Official Designated by the jurisdiction 
other requirements of ORS 197.615 and OAR 660-C18-000 I or on.ce U.; Onl> 
Jurisdiction: Curry County Local file number CP-110^ 
Date of Adoption 1/31/2012 Date Mailed 2/2/2012 
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Yes • No Date' 10/12/2011 
• Comprehensive Plan Text Amendment • Comprehensive Plan Map Amendment 
K Land Use Regulation Amendment • Zoning Map Amendment 
• New Land Use Regulation • Other: 
Summarize the adopted amendment Do not use technical terms. Do not write "See Attached". 
To amend Curry County Zoning Ordinance (CCZO) Sections 3.130 to 3.133 to allow single family residentiaL 
multiple family residential, residential care, and/or mixed (commercial and residential) use n existing non-
residential structures/buildings constructed prior to February 13, 1989 on parcels with a zoning designation of 
Rural Commercial (RC). 
Does the Adoption differ from proposal? No, no explaination is necessary 
12 14 
Plan Map Changed from N/A to N/A 
Zone Map Changed f rom N/A to N/A 
Location N/A 
Specify Density: Previous N/A New: N/A 
Applicable statewide planning goals: 
1 2 3 4 5 6 7 8 9 10 11 
• 8 0 0 D D D D 0 I D 
Was an Exception Adopted? • YES [x] NO 
Did DLCD receive a Notice of Proposed Amendment. 
35-days prior to first evidentiary hearing? 
If no, do the statewide planning goals apply? 
If no, did Emergency Circumstances require immediate adoption? 
13 
H 
15 • 
Acres Involved 0 
16 17 18 19 
• • • • 
K l Y e s 
• Yes 
• Yes 
• No 
• No 
• No 
DLCD file No. 003-11 (19010) [16925] 
Please list ah affected State or Federal Agencies, Local Governments or Special Districts 
Cities of Port Orford. Gold Beach, and Brookings. Rural Hre Protection Districts. State Fire Marshall. Water 
Districts (Harbor. Nesika/Ophir, Langlois. Gold Beach, and Old Sheep Ranch); ODOT. DLCD and 
The Brookings-Harbor SD 1 7C, Central Curry SD 1. and Port Orford-Langlois SD 2CJ 
Local Contact: David Pratt, Interim Planning Director Phone (541) 247-3228 Extension 
Address P.O. Box 746 Fax Number: 541-247-4579 
City Gold Beach Zip 97444- E-mail Address prattd(o)co.curry.or,ns 
ADOPTION SUBMITTAL REQUIREMENTS 
This Form 2 must be received bv DLCD no later than 5 working days after the ordinance has been signed bv 
the public official designated b^  the jurisdiction to sign the approved ordinanee(s) 
per ORS i 97.615 and OAR Chapter 660. Division I 8 
1 This Form 2 must be submitted by local jurisdictions only (not by applicant). 
2. When submitting the adopted amendment, please pr nt a completed copy of Form 2 on ght green 
paper if available. 
3. Send this Form 2 and one complete paper copy (documents and maps) of the adopted amendment to the 
address below. 
4. Submittal of this Notice of Adoption must include the final signed ordinance(s), all supporting finding(s), 
exhibit(s) and any other supplementary information (ORS 197.615 ). 
5 Deadline to appeals to LUBA is calculated twenty-one (21) days from the receipt (postmark date) by DLCD 
of the adoption (ORS 197.830 to 197.845 ). 
6. In addition to sending the Form 2 - Notice of Adopt ion to DLCD, please also remember to notify persons who 
participated in the local hearing and requested no* ce of the final decision. (ORS 197.615 ). 
7 Submit one complete paper copy \ a United States Postal Service, Common Carrier or Hand 
Carried to the DLCD Salem Office and stamped w;<h the incoming date sLamp 
8. Please mai, the adopted amendment packet to: 
ATTENTION: PLAN AMENDMENT SPECIALIST 
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 
635 CAPITOL STREET NE, SUITE 150 
SALEM, OREGON 97301-2540 
9. Need More Copies? Please print forms on S'/2 -1/2x11 green paper only if available If you have any 
questions or would like assistance, please contact your DLCD regional representative or contact the DLCD 
Salem Office at (503) 373-0050 x238 or e-ma'l plan.ameiidmentsfg'statfc.ot .us. 
http://www.orggon.fiov/LCD/forms.shtml Updated December 30, 2011 
FILED IN CURRY COUNTY 
Renee' Kolen. County Clerk 
Commissioners' Journal 
CJ: 2012-38 
01/31/2012 03:50 PM 
7 pages 
BEFORE THE BOARD OF COUNTY COMMISSIONERS 
IN AND FOR THE COUNTY OF CURRY, OREGON 
In the Matter of Text Amendments ) 
to the Curry County Zoning Ordinance ) ORDINANCE NO. 
Related to the Rural Commercial Zone ) 
The Curry County Board of Commissioners ordains as follows: 
Section 1: Findings 
1. These amendments to the Curry County Zoning Ordinance were proposed to 
promote reuse and redevelopment of existing buildings in rural communities 
that are no longer being used for their original intended purpose. 
2. Notice of the proposed amendments was forwarded to the Department of Land 
Conservation and Development ("DLCD") on October 12, 2011. 
3. Following published notice on January 18, 2012, as required by law, the 
Board of Curry County Commissioners held a public hearing on January 31, 
2012, to consider this ordinance. 
Section 2: Amendments 
The Curry County Zoning Ordinance is amended as shown in Attachment "A." The 
Planning Division staff is authorized to insert clean copies of the approved text into the 
Curry County Zoning Ordinance following adoption of this ordinance by the Board. 
Section 3: Severance Clause 
If any section, subsection, sentence, clauses or phrases of this ordinance is, for any 
reason, held to be unconstitutional or otherwise invalid, such decision shall not affect the 
validity of the remaining portions of this ordinance. 
Page 1 
Section 4: Effective Date: 
Consistent with ORS Chapters 197 and 215, this ordinance shall take effect upon its 
passage. 
Dated this 31 st day of January, 2012. 
CURRY COUNTY BOARD OF COMMISSIONERS 
BOARD OF CURRY COUNTY COMMISSIONERS 
David G. Itzen,"Chair 
Bill Waddle, Vice Chair 
Page 2 
ATTACHMENT "A" 
CURRY COUNTY ZONING ORDINANCE 
RURAL COMMERCIAL ZONE 
(BOC Meeting Date: January 31, 2012) 
Proposed text amendments to the Curry County Zoning Ordinance to the Rural 
Commercial (RC) zone. 
Added text is in bold; Deleted text is struck through 
Section 3.130. Rural Commercial Zone (RC). 
Purpose of Classification: The RC zoning classification is applied to all rural lands with 
existing commercial uses in built and committed exceptions areas to the Statewide 
Planning Goals as of the date of adoption of this ordinance. All future rezoning to this 
zoning designation shall either be limited to areas where a rural exception has 
already been taken or shall require an exception to Goals 3 and/or 4 , 1A and other 
Goals which are ever is applicable to the specific site. Land uses shall be limited to 
commercial; church; school; community building for public or non-profit 
organization; single-family residential; multiple-family residential; residential care; 
or mixed (commercial and residential) uses appropriate for the rural area in which it 
the property is located. Commercial uses in this zoning designation must be compatible 
with any adjacent agricultural or forestry uses and are limited to development which is 
suitable to individual water wells and septic systems or existing public utilities. 
Section 3.131. Uses Permitted Outright. 
The following uses and their accessory uses are permitted outright: 
1. Single family dwelling or mobile home on each contiguous ownership or platted 
subdivision lot approved prior to August 12, 1986 or lot subsequently approved at 
the minimum lot size specified by this zone. 
2. Existing retail, professional or service establishments may be continued and 
expanded including the expansion of existing structures to a total of 2500 square 
feet. 
3. Single family, multiple family, residential care, or mixed (commercial and 
residential) use in existing non-residential structures/buildings constructed 
prior to February 13,1989. Commercial uses in existing non-residential 
structures shall be limited to the uses listed in Section 3.132(1, 7,12,13). 
Proposed CCZO Text Amendment Page 1 of 5 BOC Meeting Date: January 31, 2012 
Section 3.132. Conditional Uses Subject to Administrative Approval by the Director. 
The following uses may be allowed provided a land use application is submitted pursuant 
to Section 2.060 of the Curry County Zoning Ordinance and the Planning Director 
approves the proposed use based upon relevant standards for review in this ordinance. 
Numbers in parenthesis following the uses indicate the standards described in Section 
7.040 that must be met to approve the use. 
1. New retail, professional, or service establishment, or expansion of an existing 
structure to greater than 2500 square feet in area which is appropriate for and 
limited to serving the requirements of the rural area in which it is located and 
which shall not have adverse impacts on any farm or forest uses on adjacent 
lands. The following are specific uses allowed: 
a. grocery or food store; 
b. general hardware, farm supply or feed store; 
c. appliance, small engine, pump sales or repair shop; 
d. art studio or gallery; 
e. barber or beauty shop; 
f. bakery; 
g. book or stationary shop; 
h. garden supply, greenhouse or nursery which includes retail sales; 
i. restaurant, cafe or tavern; 
j. professional office such as, real estate sales, legal office, accountant 
office, etc.; 
k. handicraft or gift store including the manufacture of such goods on the 
premises; and 
1. other uses of a similar type and scale to those listed in a-m a through k 
above. 
2. Home occupation. (7) 
3. Trailer, camping or recreational vehicle temporarily used as a residence during 
construction of a permitted use or to temporarily provide watchman security for 
Proposed CCZO Text Amendment Page 2 of 5 BOC Meeting Date: January 31, 2012 
material that cannot be reasonably stored in an established commercial storage 
facility. 
4. One manufactured home in conjunction with an existing dwelling as a temporary 
use for the term of a hardship suffered by the existing resident or a relative of the 
resident. (17) 
5. Television, microwave, and radio communication facilities and transmission 
antenna towers. 
6. Utility facilities necessary for public service, (e.g. fire stations, utility substations, 
parks for public use, etc.) except commercial facilities for the purpose of 
generating power for public use by sale. (5) 
J-. Approval of a division of land under Section 3.133. 
1%. Church, school or community building for public or non-profit organizational use. 
89. Repair garage provided their is no outside storage of vehicles or of equipment 
being repaired. 
9W. Recreational vehicle park/rural or campground. (6) 
1044. Automobile service station. 
114-2. Mini storage facility. 
1243-. Medical, dental, or veterinary clinic. 
13. Residential care facility. 
Section 3.133. Lot Size and Dwelling Density. 
This zoning designation is applied to all existing rural commercial uses and dwellings on 
the date of adoption of this ordinance. These preexisting commercial uses are confined to 
no more than the contiguous ownership in existence at the time of plan adoption. 
Rezoning of land to this designation or division of land to create new parcels or to site 
additional uses as provided in this zone shall meet the following criteria: 
1. have the minimum impact on any adjacent resource lands; 
2. be of the minimum size necessary to fulfill the need; and 
3. shall meet any lot size requirements determined for proper installation and 
operation of water supply and sewage disposal systems. ; and 
Proposed CCZO Text Amendment Page 3 of 5 BOC Meeting Date: January 31, 2012 
4-. no division of land shall be allowed that will create a vacant parcel that is less 
than five acres in size unless the county has approved a Goal 2 exception to Goal 
14 and any other applicable Goals. 
Proposed CCZO Text Amendment Page 4 of 5 BOC Meeting Date: January 31, 2012 
Section 3.134. Set-Backs. 
See Article IV. 
Section 3.135. Height of Buildings. 
See Article IV. 
Section 3.136. Off-Street Parking and Loading. 
See Article IV. 
Proposed CCZO Text Amendment Page 5 of 5 BOC Meeting Date: January 31, 2012 
CURRY COUNTY BOARD OF COMMISSIONERS OEPT OF 
REQUIRED STATUTORY NOTICE OF ADOPTION 
FEB 0 3 2012 
LAND CONSERVATION 
AND DEVELOPMENT 
Date: February 2, 2012 
Notice is hereby given that the Curry County Board of Commissioners adopted an amendment to its 
land use regulations regarding the Rural Commercial zone on Januaiy 31, 2012. 
Action Taken: The Curry County Board of Commissioners APPROVED the request to amend the 
Curry County Zoning Ordinance (CCZO) Sections 3.130 to 3.133 to allow single family residential, 
multiple family residential, residential care, and/or mixed (commercial and residential) use in existing 
non-residential structures/buildings constructed prior to February 13, 1989 on parcels with a zoning 
designation of Rural commercial (RC). 
Decision Date: January 31, 2012 
Appeal Requirements: The Curry County Board of Commissioners decision on this matter is 
the final review available through the County. The decision may be challenged by filing a 
notice of intent to appeal with the State Land Use Board of Appeals pursuant to ORS 197.830. 
The State Land Use Board of Appeals address is: Public Utility Commission Building, 550 
Capitol Street NE, Suite 235, Salem, Oregon 97301-2552, phone (503) 373-1265. 
Document Review: A copy of the amendment to the land use regulation, findings, exhibits and 
related documents are available for inspection at the Department of Public Services, P.O. Box 
746, 94235 Moore Street, Gold Beach, OR 97444, from 1-5 p.m. Monday - Thursday. Copies 
of these documents are available upon payment of a copy charge of .25 per page. 
Additional information can be obtained by contacting Nancy Chester, Planning Clerk, Curry County 
Department of Public Services at (541) 247-3284 or by e-mail at chestern@co.curry.or.us. 
Certificate of Mailing: I, Nancy Chester do hereby certify that this notice was deposited in the mail on 
February 2, 2012, and sent to all persons who participated in the proceedings leading to the adoption of 
the amendment or requested the County in writing that they be given notice of the decision. 
t)}J.'u\e<\- (U ^: i y 
Nancy Chester^/ 
February 2, 2012 
i m u n w m i r m 
701D l D t D DDD2 02=17 107H 
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MaM*>d From 9 7 4 4 4 
DEPT OF 
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LAND CONSERVATION 
AND DEVELOPMENT 
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DLCD 
635 Capitol St. NE Suite 150 
Salem, Or 97301 
Plan Amendment Specialist 
J