Hearings Officer: Z0424-25 - May 7, 2026

Notice

File Number:  Z0424-25

Appellant/applicant:   Natalie Voruz

Property Owner:  K & H Fritz Co LLC

Proposal:  The Planner Director decision has been appealed. The applicant is requesting an alteration of a previous NCU approved on the subject property. The site was previously used concurrently as a metal fabrication business and car, motorcycle, truck, and farm/industrial equipment repair shop. The applicant is requesting approval for an asphalt cutting and coring business. The site will serve as a primary base of operations for the business, with primary work functions occurring off-site. Clients will not be visiting the site, and the applicant will be primarily storing materials, including work trucks, and preparing materials for off-site jobs.

Planning Director’s Initial Decision:  Approval, with Conditions

Applicable Zoning and Development Ordinance and Comprehensive Plan Criteria:  ZDO 202, 316, 1206, and 1307.  These criteria may be viewed online.

Site Address and/or Location:  37300 SE Lusted Rd, Boring, OR 97009

Assessor’s Map:  T1S, R4E, Section 26A, Tax Lot(s)  2100, W.M.

Property Size:  Approximately 2.88 acres

Zoning:  RRFF-5 - Rural Residential Farm Forest - 5 Acre

How to obtain additional information

Staff Contact: Mya Ganzer; 503-742-4520 or mganzer@clackamas.us 

A copy of the application, all documents and evidence submitted by or on behalf of the applicant, and applicable criteria are available for inspection at no cost. In addition, a staff report on the application will be available for inspection at no cost at least seven days prior to the hearing. Copies may be purchased at the rate of $2.00 per page for 8 1/2” x 11” or 11” x 14” documents, $2.50 per page for 11” x 17” documents, $3.50 per page for 18” x 24” documents and $0.75 per sq ft with a $5.00 minimum for large format documents, or you may view these materials:

1. By emailing or calling the staff contact; or
2. View online through Accela. After selecting the “Planning” tab, enter the File Number to search. Select Record Info and then select “Attachments” from the dropdown list, where you will find the submitted application.

Community Planning Organization for Your Area: The following recognized Community Planning Organization (CPO) has been notified of this application and may develop a recommendation. You are welcome to contact the CPO and attend their meeting on this matter, if one is planned. If this CPO currently is inactive and you are interested in becoming involved in land use planning in your area, please contact Clackamas Clackamas County Community Engagement at communityinvolvement@clackamas.us. CPO: Cottrell CPO, Contact: COTTRELLCPO@GMAIL.COM 

How to submit testimony on this application

• All interested parties are invited to “attend” the hearing remotely online or by telephone and will be provided with an opportunity to testify orally, if they so choose. One week prior to the hearing, specific instructions will be available online.
• Written testimony received prior to the close will be considered by staff prior to the issuance of the staff report and recommendation on this application.  However, written testimony will continue to be accepted until the record closes, which may occur as soon as the conclusion of the public hearing.
• Written testimony may be submitted by email, fax, or regular mail.  Please include the permit number on all correspondence and address written testimony to the staff contact who is handling this matter.  
• Testimony, argument, and evidence must be directed toward the criteria identified above, or other criteria in the Zoning and Development Ordinance or Comprehensive Plan that you believe apply to the decision.  Failure to raise an issue in person at the hearing or by letter prior to the close of the record, or failure to provide statements or evidence sufficient to afford the Hearings Officer an opportunity to respond to the issue, precludes an appeal to the Oregon Land Use Board of Appeals based on that issue.
• Written notice of the Hearing Officer’s decision will be mailed to you if you submit oral or written testimony or make written request for notice of decision and provide a valid mailing address.

Procedure for the conduct of the hearing

The hearing will be conducted by one of the Land Use Hearings Officers, who are appointed by the Board of County Commissioners to conduct public hearings and issue decisions on certain land use permit applications. The following procedural rules have been established to allow an orderly hearing:

1. The length of time given to individuals speaking for or against an item will be determined by the Hearings Officer prior to the item being considered.
2. A spokesperson representing each side of an issue is encouraged.
3. Prior to the conclusion of the evidentiary hearing, any participant may request an opportunity to present additional evidence, argument, or testimony regarding the application. The Hearings Officer will either continue the hearing or leave the record open for additional written evidence, argument, or testimony.

Notice of Decision on a Type II Land Use Permit

Decision: Approved with Conditions

Permit Type:  Nonconforming Use-Alteration 

File No. Z0424-25

Applicant’s Proposal: The applicant is requesting an alteration of a previous NCU approved on the subject property. The site was previously used concurrently as a metal fabrication business and car, motorcycle, truck, and farm/industrial equipment repair shop. The applicant is requesting approval for an asphalt cutting and coring business. The site will serve as a primary base of operations for the business, with primary work functions occurring off-site. Clients will not be visiting the site, and the applicant will be primarily storing materials, including work trucks, and preparing materials for off-site jobs. 

Decision Date: April 2, 2026

Deadline for Filing Appeal: April 14, 2026, at 4:00 pm. 

Issued By: Mya Ganzer, Planner I, MGanzer@clackamas.us, 503-742-4520

Applicant: Kevin Fritz

Owner of Property: K & H Fritz Co LLC

Zoning: RRFF-5

Assessor’s Map & Tax Lot(s): T1S R4E Section 26A Tax Lot 02100

Site Address: 37300 SE Lusted Rd, Boring, OR 97009

Community Planning Organization (CPO) for Area:

COTTRELL CPO

DAWSON, MIKE

COTTRELLCPO@GMAIL.COM 

Community Planning Organizations (CPOs) are part of the county’s community involvement program. They are advisory to the Board of County Commissioners, Planning Commission and Planning and Zoning Division on land use matters affecting their communities. CPOs are notified of proposed land use actions and decisions on land within their boundaries and may review these applications, provide recommendations or file appeals. If this CPO currently is inactive and you are interested in becoming involved in land use planning in your area, please contact Clackamas County Community Engagement at 503-655-8751.

Opportunity to Review the Record and Decision: The complete decision, including findings and conditions of approval, and the submitted application are available for review online. Select the Planning tab and enter the file number to search. Select Record Info and then select Attachments from the dropdown list, where you will find the submitted application. A copy of the decision, application, all documents and evidence submitted by or on behalf of the applicant, and applicable criteria are available for inspection at no cost by contacting the Planner listed above. Copies of all documents may be purchased at a cost established by the County fee schedule. 

Appeal Rights: This decision will not become final or effective until the period for filing an appeal with the County has expired without the filing of an appeal. Any person who is adversely affected or aggrieved or who is entitled to written notice of the decision pursuant to Subsection 1307.09(C) of the Clackamas County Zoning and Development Ordinance may appeal this decision to the Clackamas County Land Use Hearings Officer by filing a written appeal. An appeal must include a completed Appeal Form and a $250.00 filing fee and must be received by the Planning and Zoning Division by the appeal deadline identified above.

Appeals may be submitted in person during office hours (8:00 am to 4:00 pm Monday through Thursday, closed Friday and holidays). Appeals may also be submitted by email or US mail.   

A person who is mailed written notice of this decision cannot appeal this decision directly to the Land Use Board of Appeals under ORS 197.830.

NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS CHAPTER 215 REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER.

Clackamas County is committed to providing meaningful access and will make reasonable accommodations, modifications, or provide translation, interpretation or other services upon request. Please contact us at 503-742-4545 or email DRenhard@clackamas.us.

503-742-4545:¿Traducción e interpretación? | Требуется ли вам устный или письменный перевод? | 翻译或口译？| Cấn Biên dịch hoặc Phiên dịch? | 번역 또는 통?

Site map:

Permit Expiration

Pursuant to ZDO Subsection 1206.08, approval of an Alteration of a Non-Conforming Use is valid for two years from the date of the final decision. Unless an appeal is filed, the date of the final decision is the “decision date” listed above. During this two-year period, the approval shall be implemented, or the approval will become void. 

Implemented means all major development permits shall be obtained and maintained for the approved alteration of a nonconforming use, or if no major development permits are required to complete the development contemplated by the approved alteration of a nonconforming use, implemented means all other necessary County development permits (e.g., grading permit, building permit for an accessory structure) shall be obtained and maintained.

This is the only notice you will receive of this deadline.

Conditions of Approval 

The conditions listed are necessary to ensure that approval criteria for this land use permit are satisfied. Where a condition relates to a specific approval criterion, the code citation for that criterion follows in parentheses. At all times, the use shall be sited and conducted in compliance with these conditions of approval. Noncompliance may result in code enforcement action or revocation of this permit. 

1. Approval of this land use permit is based on the submitted written narrative and plan(s) filed with the County on 10/13/2025 and additional documents submitted on 2/11/26 and 2/18/26. No work shall occur under this permit, other than which is specified within these documents, unless otherwise required or specified in the conditions below. It shall be the responsibility of the property owner(s) to comply with these documents and the limitation of any approval resulting from the decision described herein. 
2. The use is limited to eight hour work day with one additional hour for lunch periods and will not begin prior to 6am or later than 6pm and shall be limited to Monday through Friday. (ZDO 1206.07(B))
3. Fleet vehicles shall not enter or leave the property before 6am or after 6pm. (ZDO 1206.07(B))
4. The applicant shall maintain all existing fencing or landscaping as shown on the site plan. (ZDO 1206.07(B)) 
5. The applicant shall conduct noise producing work inside the building on site, whenever possible. (ZDO 1206.07(B))

Applicable Approval Criteria

This application is subject to Clackamas County Zoning and Development Ordinance (ZDO) Section(s) 202, 316, 1206, and 1307. 

Public and Agency Comments

Notice was sent to applicable agencies and owners of property within 2,640 feet.  Comments received relating to the applicable approval criteria listed above are addressed in the Findings Section.  Comments from the following were received: 

Cottrell CPO and neighbors

Findings

The findings below identify the standards and criteria that are relevant to this decision, state the facts relied upon in rendering the decision, and explain the justification for the decision.   

1. Background and Overview of Applicant’s Proposal: The applicant is requesting an alteration of a Nonconforming Use (NCU). The site was previously used concurrently as a metal fabrication business and car, motorcycle, truck, and farm/industrial equipment repair shop. The applicant is requesting approval for an asphalt cutting and coring business.

   The subject property was initially zoned R-30 on December 14th, 1967. This zoning designation would have restricted commercial and industrial uses such as metal fabrication and auto repair. In 1971, the County approved an addition of the commercial building on-site, as an NCU under file number ENCU-1-71. The use at the time was metal fabrication and machinery storage and repair. This was approved by the Board of County Commissioners. 

   The property was rezoned to its current zoning designation, RRFF-5, on July 31st, 1978. This zoning district also prohibits the historical and current uses, hence, the use remained nonconforming with applicable base zoning standards. In 1997, there was an approved application for an alteration of a Non-Conforming use. The file, Z1522-97, allowed the use to expand from metal fabrication and machinery repair, to include car, motorcycle, truck, and farm/industrial equipment repair, frame and chassis repair and fabrication, and painting of vehicles. 

   Since 1997, until 2024, ACT Painting and Fabrication has operated on the subject property. After the applicant purchased the property in July of 2025, he has been using it as a base of operation for his business, Fritz Cutting and Coring Inc., an asphalt and concrete cutting business. The applicant states he does not conduct asphalt or concrete cutting work on site, and no customers come to the subject property. The subject property is used to park fleet vehicles and prepare and repair equipment as needed. The applicant states that no more than eight employees, usually five to seven, come to the site for workload distribution and restroom use. The applicants proposed working hours between 6am and 6pm, with shifts not to exceed eight hours, excluding a lunch period, Monday through Friday.  This is consistent with what was approved under the 1997 NCU. The applicant has been operating on site since at least November 2025, and is retroactively seeking approval for the change in use after Code Enforcement issued an alleged violation letter, due to the change in use. 

2. ZDO Section 316, Rural Residential Farm and Forest 5-acre

   316.03 - USES PERMITTED

   Uses permitted in each rural residential and future urban residential zoning district are listed in Table 316-1, Permitted Uses in the Rural Residential and Future Urban Residential Zoning Districts. Uses not listed are prohibited.

   Finding: The proposed use is not listed in Table 316-1, and hence, not permitted as an outright allowed use. The use was established prior to restrictive zoning and being reviewed as a Nonconforming Use as defined in Section 202 of the Zoning and Development Ordinance (ZDO): NONCONFORMING USE: A use of any building, structure or land allowed by right when established or that obtained a required land use approval when established but, due to a change in the zone or zoning regulations, is now prohibited in the zone. This criterion is met pursuant to the ZDO Section 1206 included below.

3. ZDO Section 1206, Section Title

   1206.01 - PURPOSE AND APPLICABILITY

   Section 1206 is adopted to provide standards, criteria, and procedures under which a nonconforming use may be continued, maintained, verified, restored, replaced, and altered and under which a vested right may be determined.

   Finding: No finding is warranted for this criteria. 

   1206.02 - STATUS

   A nonconforming use may be continued although not in conformity with the regulations for the zoning district in which the use is located. Nonconforming use status applies to the lot(s) of record on which the nonconforming use is located and may not be expanded onto another lot of record, except as provided under Subsection 1206.07(B)(3)(a) and (b) or, in the case of nonconforming premises for marijuana production, with an alteration approved pursuant to Subsection 1206.07(C). A change in ownership or operator of a nonconforming use is permitted.

   Finding: The subject property is Lot 11 of Block 2 of the Mabery Subdivision, recorded in 1912. This makes the subject lot a Lot of Record under the County’s definition in Section 202 of the Zoning and Development Ordinance (ZDO). The applicant proposal does not include an expansion onto another lot of record. The applicant is a different owner than the Non-Conforming Use’s previously approved on site, which is permitted under ZDO 1206.02. This criterion is met. 

   1206.03 - MAINTENANCE

   Normal maintenance of a nonconforming use necessary to maintain a nonconforming use in good repair is permitted provided there are not significant use or structural alterations. Normal maintenance may include painting; roofing; siding; interior remodeling; re-paving of access roads, parking areas, or loading areas; replacement of landscaping elements; and similar actions.

   Finding: The applicant is not proposing normal maintenance. Normal maintenance will be permitted in the future under ZDO 1206.03, in compliance with applicable ZDO standards at the time of potential future maintenance. This criterion is met.

   1206.04 - DISCONTINUATION

   A.       If a nonconforming use is discontinued for a period of more than 24 consecutive months, the use shall not be resumed unless the resumed use conforms to the requirements of this Ordinance and other regulations applicable at the time of the proposed resumption.

   Finding: The applicant states that ACT Painting and Fabrication operated at the site prior to the applicants business, Fritz Cutting and Coring, Inc. ACT Painting and Fabrication was a registered business at the site from 3/23/1998 until 8/22/24 (their business changed names in 2017, and hence, there are two separate entries in to the Oregon Secretary of State Business Entity Data page). ACT Painting and Fabrication applied for a NCU Verification and Alteration in 1997 which verified use of the site for a metal fabrication use that had been operating since the 1970s and allowed auto body repair and painting services, frame/chassis repair and alterations, truck, motorcycle, and farm machinery repair, in addition to continuing the metal fabrication use. 

   The applicant provided the previous business owners business card, stating the subject address, as well as photos stated to be from 1997 until the present. The applicant also supplied aerial photographs from 1995 to 2024, showing vehicles have consistently been parked on site, consistent with the approved uses. The previous property owner, Dave Evans, also supplied an affidavit stating he operated the business without interruption from 1997 until 2024. The current property owner is parking fleet vehicles associated with his business, and consistent with his requested alteration (reviewed under ZDO 1206.07). These have been parked there since at least November of 2025. Based on the supplied information, staff finds that the applicant has demonstrated the non-conforming use has not discontinued for a period exceeding 24 months. This criterion is met. 

   B.       Notwithstanding Subsection 1206.04(A) and pursuant to Oregon Revised Statutes (ORS) 215.130(7)(b), a nonconforming surface mining use shall not be deemed to be discontinued for any period after July 1, 1972, provided:

   1. The owner or operator was issued and continuously renewed a state or local surface mining operating permit, or received and maintained a state or local exemption from surface mining regulation; and
   2. The surface mining use was not inactive for a period of 12 consecutive years or more. Inactive means no aggregate materials were excavated, crushed, removed, stockpiled, or sold by the owner or operator of the surface mine.

   Finding: The applicant is not proposing surface mining. This criterion is not applicable.        

   C.       Notwithstanding Subsection 1206.04(A), marijuana production may not be resumed on a premises for which a marijuana producer holds a production license issued under ORS 475B.070 and which is nonconforming to the regulations for the zoning district in which the production is located if the premises is not used for marijuana production for a period of at least 12 calendar months, unless the marijuana production conforms to any zoning requirements or regulations applicable at the time of the proposed resumption.

   Finding: The applicant is not proposing marijuana production. This criterion is not applicable. 

   1206.05 - VERIFICATION

   Verification of nonconforming use status requires review as a Type II application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria:

   A.       The nonconforming use lawfully existed at the time of the adoption of zoning regulations, or a change in zoning regulations, which prohibited or restricted the use, and the nonconforming use has not been subsequently abandoned or discontinued. Once an applicant has verified that a nonconforming use was lawfully established, an applicant need not prove the existence, continuity, nature, and extent of the nonconforming use for a period exceeding 20 years immediately preceding the date of application for verification; or

   B.       The existence, continuity, nature, and extent of the nonconforming use for the 10-year period immediately preceding the date of the application is proven. Such evidence shall create a rebuttable presumption that the nonconforming use, as proven, lawfully existed at the time of, and has continued uninterrupted since, the adoption of restrictive zoning regulations, or a change in the zoning or zoning regulations, that have the effect of prohibiting the nonconforming use under the current provisions of this Ordinance.

   Finding: The NCU was previously verified under Z1522-97, which verified the metal fabrication use approved under ENCU-1-71, a 1971 verification and alteration of the NCU. The previous verification approved the site for metal fabrication and the repair of cars, trucks, motorcycles, and farm equipment. This included fabricating truck beds and farm machinery, and their parts on site, as well as frame/chassis repair, and painting. The applicant demonstrated, pursuant to ZDO 1206.04, that this use continued uninterrupted since 1997. The photos, both on the ground and aerial, demonstrate the extent of use, with significant volumes of vehicles to be repaired parked on site, including large farm vehicles. This application received a large volume of public comment; however, none seriously disputed the historic use of the site, nor the legal establishment. Staff finds that the use was legally established, based on previous Land Use decisions, and that the applicant proved the existence, continuity, nature, and extent of the nonconforming use from 1997 on, which exceeds the 20 years required under ZDO 1206.05(A). This criterion is met.  

   1206.06 - RESTORATION OR REPLACEMENT FOLLOWING DAMAGE OR DESTRUCTION

   If a nonconforming use is damaged or destroyed by fire, other casualty, or natural disaster, such use may be restored or replaced consistent with the nature and extent of the use or structure lawfully established at the time of loss, subject to the following conditions:

   A.       Alterations or changes to the nature and extent of the nonconforming use as lawfully established prior to the fire, other casualty, or natural disaster shall not be permitted under Subsection 1206.06, but may be permitted pursuant to Subsection 1206.07.   

   B.       Physical restoration or replacement of the nonconforming use shall be lawfully commenced within one year of the occurrence of the damage or destruction. Lawfully commenced means the lawful resumption of the nonconforming use or the issuance of a land use, building, on-site wastewater treatment system, grading, manufactured dwelling placement, residential trailer placement, plumbing, electrical, or other development permit required by the County or other appropriate permitting agency that is necessary to begin restoration or replacement of the nonconforming use or structures and resumption of the nonconforming use. 

   C.       The nonconforming use status of the use to be restored or replaced, and the nature and extent of the nonconforming use, shall be verified pursuant to Subsection 1206.05. 

   Finding: The Non-Conforming Use has not been damaged or destroyed. This criterion is not applicable.

   1206.07        ALTERATION

   A.       Alterations Required by Law: 

   1. The alteration of any nonconforming use shall be permitted when necessary to comply with any lawful requirement for alteration of the use or structure, subject to building, plumbing, sanitation, and other specialty code permit requirements in effect at the time the alteration is commenced. Additional conditions shall not be imposed upon the continuation of a nonconforming use when an alteration is required to comply with local or state health or safety requirements, except as provided in Oregon Revised Statutes (ORS) 215.215 pertaining to the re-establishment of nonfarm uses in the EFU District.
   2. Alterations to a premises for which a marijuana producer holds a production license issued under ORS 475B.070 shall be permitted when necessary to comply with a lawful requirement for alteration in production. 

   Finding: The applicant is not proposing an alteration required by law. This criterion is not applicable. 

   B.       Alterations Not Required by Law:  Except as provided in Subsection 1206.07(C), an alteration of a nonconforming structure or other physical improvements, or a change in the use, requires review as a Type II application pursuant to Section 1307, Procedures, and shall be subject to the following standards and criteria: 

   1. The alteration or change will, after the imposition of conditions pursuant to Subsection 1206.07(B)(4), have no greater adverse impact to the neighborhood than the existing structure, other physical improvements, or use. 

   Finding: The applicant is proposing to alter the use verified under Z1522-97 to allow for the operation of his asphalt cutting and coring business. The site is currently approved for auto body repair and painting services, frame and chassis repair, truck, motorcycle, and farm machinery repair, in addition to metal fabrication. The site was approved for operating hours of 6am to 6pm; with no more than eight hour works days, excluding an hour lunch, and no more than eight employees. 

   The applicants proposed alteration does not include any expansion of working hours or amount of employees. While the applicant proposed multiple working hours, none exceeded what was previously approved. The most recent proposal was stated on 2/18/26 and stated the current operational hours were between 6am and 6pm, Monday through Friday, and no more than eight employees. This would not be an alteration as there is no change to the operational hours, employee volume, or the number of vehicles stored on site of the previously verified use. The change of use will be addressed as an alteration and evaluated for compliance with ZDO 1206.07 below.

   The applicant is proposing changing the use from the aforementioned vehicle repair and metal fabrication to the base of operations for his asphalt cutting and coring business. On site business operations will include parking of fleet vehicles, servicing and loading vehicles, fabrication and maintenance of tools, testing equipment, preparing work assignments, and employee restroom use. The concrete and asphalt cutting operations are conducted entirely off-site and no concrete processing or cutting will be done on-site. 

   The application received significant public comment in opposition of this application, with the primary issues being: 

   • Use of larger vehicles, early morning vehicle departure, and traffic;
   • Operational hours and noise and disturbances;
   • Visual blight created by the use, and;
   • Removal of the property’s Mobile Home and a lack of residential use.

   Based on the previous approved use for the site, and the applicants proposal, staff finds that with the adoption of certain conditions, the applicant’s proposal will not create greater adverse impacts than the previous use. Staff will address each concern below, and how with the adoption of conditions, the use can comply with ZDO 1206.07(B)(1).

   Regarding the concerns of larger vehicles being parked and driven on site, while this could create greater adverse impacts, it is clear, from photographs of the previous use, that large vehicles were often on-site. Photos show large farm and industrial equipment being repaired on site, and aerial photographs show the tops of several large vehicles on site, spanning the last 20 years. The vehicles in the applicants business fleet are of comparable or smaller size in comparison. Additionally, the applicant is not proposing commercial vehicle repair, so only fleet vehicles will be entering the property, not trucks delivering vehicles for repair, or large farm equipment. The applicants proposed fleet and equipment parking area, including employee vehicle parking, takes up much less space than the parking shown in aerial photographs from the previous use. Based on this information, staff finds that the applicants use of larger vehicles does not exceed the previous use and will not create greater adverse impacts. 

   The applicant shall be limited to their proposed hours of operation and employee count as outlined in the conditions of approval to ensure that the vehicles continue to be similar to vehicles associated with the prior use, and their comings and goings are no more disruptive than the previous use. To address the public concerns, a condition will be adopted requiring fleet vehicles arrive and depart within the proposed hours of operation, 6am to 6pm, to reduce potential noise impacts, and limit the impacts from larger vehicles. The public stated they could hear the site during early and late hours. This condition will remedy this issue, if the reported noises are occurring on site. Staff also acknowledge that the subject site is less than a quarter mile (approximately 700 feet) from a site in Multnomah County involved with Portland Water Bureau project. Staff reached out to Multnomah County Land Use Planning about the use on the nearby site was told the site is being used for a new pipeline construction specifically, “The pipeline is anticipated to go through this property, and it is also proposed to be used for temporary staging and construction activities in support of that project.” Staff finds it feasible that some of the reported concerns from the subject property, may originate at this site, as the applicant states they do not operate outside of the proposed working hours, nor do they create excess noise. The public alleges the operation exceeds the proposed working hours and days, hence, it is being adopted as a condition to clearly limit the proposed use to its historical and proposed operation hours and days. 

   The public also raised concern about the visual blight created by the property. Staff is evaluating if the proposed change in use shall create greater adverse impacts, than the previous use. Based on photos provided by the applicant and the public, there do appear to be visual impacts created by the previous use, which is to be expected due to the nature of auto repair. The previous property owner removed landscaping, which would have likely increased this visual blight. The applicant installed a new fence, which does significantly limit the publics ability to view the operations from the right-of-way. The 1997 decision conditioned sight obscuring fencing or sight obscuring trees and shrubs along sections of fencing where adjacent neighbors can see into the property. The rear of the property contains trees, and adjacent parcels are also containing vegetation, on their side of the property. To limit any impacts on the neighborhood, the applicant shall maintain the minimum fencing or landscaping needed along the east and west property lines to limit the visual impact on adjacent neighbors. Staff did not receive comment in opposition from either neighbor to the east or west. The applicant shows on their site plan that there is already existing fencing on the north, east, and west property line. The fencing does not extend all the way to the south property line, but that area contains significant vegetation and there are not nearby adjacent structures or parking in that area. The use takes place on the north of the property, not necessitating the need for sight obscuring fencing all the way to the south property line. Additionally, the applicant has proposed parking their fleet vehicles behind the existing structure on site, this will further reduce the visual impacts, especially compared to the previous use which parked vehicles in various states of disrepair all over the property. The change of use with fencing, as installed and conditioned, does not appear to generate any adverse impacts related to visual impacts on the property, compared to the previous use. 

   The public also relayed concerns regarding the removal of a mobile home on the property. From staff’s understanding, there was a mobile home on the property that the previous property owner and business owners lived in, that also served as an office. Single family residences (SFR) are an allowed primary use within the RRFF-5 zoning district and the removal or placement of an SFR is not subject to the standards in ZDO Section 1206. While staff acknowledge the public’s concern that the use of the property is now primarily commercial and not mixed residential and commercial, the NCU is related to continual commercial use of the property, and not dependent on residential use, or the lack thereof, which is allowed outright by ZDO Section 316. The public generally objected to the commercial use of the property, and the existence of said use within their residential zoning district. As established earlier in the decision, this use predates the RRFF-5 zoning designation, and previous historical zoning designations that would have restricted said use. Nonconforming uses are a permitted use within the RRFF-5 zoning district, even though their use may not be congruent with the currently allowed uses within the RRFF-5 zoning district, which is why they are considered Nonconforming Uses and reviewed under Section 1206 of the ZDO. 

   The previous use of the property included welding, vehicle assembly, industrial painting, and metal fabrication. Tools utilized included grinders, rivet busters, sanders, and other air powered tools, which would have produced excessive noise. Additionally, an autobody repair shop would have been receiving many on-site customers and insurance adjusters, supported by the alleged office use on site. Public comment stated that the previous use produced noticeable noise from these tools. The public opinion is that this previous use created undesirable impacts, and that they wish for the commercial use of the property to cease entirely. However, staff must evaluate the application under the standard in ZDO Section 1206, and cannot revoke the commercial use of the property, if it otherwise complies with the Non-Conforming use criteria, which is related to the generation of GREATER adverse impacts, not no impacts at all. Staff has found that the property has operated as legally established commercial use, and therefore qualifies for an alteration or to continue the use in compliance with ZDO 1206. 

    Compared to the previous use, the applicants proposed use; the parking of fleet and employee vehicles, repair of fleet vehicles and tools, and storage of materials; is less extensive and impactful than the previous use relating to noise, visual impacts, and traffic as discussed in the above analysis and summarized below:

   • The primary work of the business (cutting of concrete and asphalt) will occur off site. 
   • on-site work is related to maintenance and repair of business equipment and vehicles as needed. 
   • Vehicle storage will be limited to fleet and employee vehicles, not farm equipment, trucks, cars, and motorcycles in need of repair. 
   • The hours of operation will remain the same, and not exceed what was previously approved . 
   • The applicant has installed sight obscuring fencing, and additional screening measures are conditioned. 

   Staff finds that the applicants proposal will not generate impacts greater than what was generated by the previous use, and that this criterion is met. 

   2.       The nonconforming use status of the existing use, structure(s), and/or physical improvements is verified pursuant to Subsection 1206.05. 

   Finding: Staff found the use complied with the criteria in ZDO 1206.05. This criterion is met. 

   3.       The alteration or change will not expand the nonconforming use from one lot of record to another unless: 

   1. The lot of record on which expansion is proposed and the lot of record on which the nonconforming use currently is established have been part of the same tract continuously since the date the nonconforming use became nonconforming; or
   2. The expansion would allow only for facilities necessary to support the nonconforming use, such as driveways, storm water management facilities, and on-site wastewater treatment systems.       

   Finding: The applicant is not proposing the use expand from one lot of record to another. This criterion is not applicable. 

   4.       Conditions of approval may be imposed on any alteration of a nonconforming structure or other physical improvements, or a change in the use, permitted under Subsection 1206.07(B), when deemed necessary to ensure the mitigation of any adverse impacts.

   Finding: Conditions of approval have been adopted to ensure the use does not create greater adverse impact than the previous use. This criterion is met. 

   C.       Alterations to Nonconforming Marijuana Production Premises Not Required by Law: Alterations in production or in a building, structure, or physical improvement associated with a nonconforming premises for which a marijuana producer holds a production license issued under ORS 475B.070 requires review as a Type II application pursuant to Section 1307 and shall be subject to the following standards and criteria:

   1. The alterations will have no greater adverse impact to the surrounding area than the premises’ existing production or its existing associated buildings, structures, and physical improvements; and
   2. The number of calendar months in which the premises have not been used for marijuana production since the premises became nonconforming does not exceed 12.

   Finding: The applicant is not proposing marijuana production. This criterion is not applicable. 

3.  ZDO Section 1307, Procedures:

This section provides standards and criteria for processing land use applications according to their type; this application is being processed as a Type II Permit, pursuant to Section 1307. No further written findings regarding Section 1307 are warranted.