Or. Admin. Code § 350-082-0590 - Variances
(1) In the GMA,
when setbacks or buffers specified in the guidelines for the protection of
scenic, cultural, natural, recreation, agricultural, or forestry resources
overlap or conflict, the setbacks or buffers may be varied upon a demonstration
of compliance with both of the following guidelines:
(a) A setback or buffer specified in this
land use ordinance to protect one resource would cause the proposed use to fall
within a setback or buffer specified in the plan to protect another
resource.
(b) Variation from the
specified setbacks or buffer would, on balance, best achieve the protection of
the affected resources.
(2) In the GMA, a setback or buffer specified
in the guidelines for protection of scenic, cultural, natural, recreation,
agricultural, or forestry resources may be varied to allow a residence to be
built on a parcel of land upon a demonstration of compliance with all the
following guidelines:
(a) The land use
designation otherwise authorizes a residence on the tract.
(b) No site exists on the tract (all
contiguous parcels under the same ownership) on which a residence could
practicably be placed in full compliance with the setback or buffer.
(c) The variance from the specified setback
or buffer is the minimum necessary to allow the residence.
(d) The variance shall not be used to permit
an addition to a building (including, but not limited to, decks and stairs),
when the addition would be within the setback, except where the building is
wholly within the setback, in which case, the addition may only be permitted on
the portion of the building that does not encroach any further into the
required setback.
(3)
Variances for Recreation Uses
(a) In the GMA,
the Executive Director may grant a variance to the setback and buffer
requirements contained in 350082-0700 upon a demonstration of compliance with
all the following guidelines:
(A) The proposed
project is a public-use, resource-based recreation facility providing or
supporting either recreational access to the Columbia River and its
tributaries, or recreational opportunities associated with a scenic travel
corridor.
(B) All reasonable
measures to redesign the proposed project to comply with required setbacks and
buffers have been explored, and application of those setbacks and buffers would
prohibit a viable recreation use of the site as proposed.
(C) Resource impacts have been mitigated to
less than adverse levels through design provisions and mitigation
measures.
(D) The variance is the
minimum necessary to accommodate the use.
(b) In the GMA and SMA, the Executive
Director may grant a variance of up to ten percent to the guidelines of
Recreation Intensity Class 4 for parking and campground units upon
demonstration of compliance with all the following guidelines:
(A) Demand and use levels for the proposed
activity or activities, particularly in the area where the site is proposed,
are high and expected to remain so or increase. Statewide Comprehensive Outdoor
Recreation Plan (SCORP) data and data from the National Visitor Use Monitoring
Program shall be relied upon to meet this criterion in the absence of current
applicable studies.
(B) The
proposed use is dependent on resources present at the site.
(C) Reasonable alternative sites offering
similar opportunities, including those in nearby urban areas, have been
evaluated, and it has been demonstrated that the proposed use cannot be
adequately accommodated elsewhere.
(D) The proposed use is consistent with
goals, objectives, and policies in Chapter 4, Part I of the Management
Plan.
(E) Through site design and
mitigation measures, the proposed use can be implemented without adversely
affecting scenic, natural, or cultural resources and adjacent land
uses.
(F) Through site design and
mitigation measures, the proposed use can be implemented without affecting or
modifying treaty rights.
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