40.240.150 Variances from Setbacks and Buffers (GMA)

A.    Variances from setbacks and buffers within the GMA shall be reviewed under administrative variance criteria of Section 40.550.020. When setbacks or buffers for the protection of scenic, cultural, natural, recreation, agricultural or forestry resources, or nonresource uses, overlap or conflict, the setbacks or buffers may be varied upon a demonstration that:

1.    A setback or buffer to protect one (1) resource or use would cause the proposed use to fall within a setback or buffer to protect another resource; and

2.    Variation from the specified setbacks or buffers would, on balance, best achieve the protection of the affected resources.

(Amended: Ord. 2009-03-02)

B.    A setback or buffer for protection of scenic, cultural, natural, recreation, agricultural or forestry resources, or nonresource uses, may be varied to allow a residence to be built on a parcel of land upon a demonstration that:

1.    The land use designation otherwise authorizes a residence on the tract;

2.    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; and

3.    The variance from the specified setback or buffer is the minimum necessary to allow the residence.

C.    The responsible official may grant a variance to the setback and buffer requirements in Section 40.240.890, upon finding that the following conditions exist:

1.    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.

2.    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.

3.    Resource impacts have been mitigated to less than adverse levels through design provisions and mitigation measures.

4.    The variance is the minimum necessary to accommodate the use.

(Amended: Ord. 2006-05-04)