40.240.160    Applying New Less-Stringent Regulations to Development Approved Under Prior National Scenic Area Regulations

A landowner may submit a land use application to alter conditions of approval for an existing use or structure approved under prior National Scenic Area regulations (e.g., Columbia River Gorge National Scenic Area Final Interim Guidelines, original Management Plan), subject to the following standards:

A.    The applicant shall apply for the same development that was reviewed in the original administrative or examiner decision.

B.    The development shall remain in its current location.

C.    The agency that currently has jurisdiction over the applicant’s property shall review the application and send notice of the application to agencies and other parties entitled to receive notice under the current rules.

D.    The agency shall review the entire development to ensure that it would fully comply with all the current guidelines (i.e., land use, treaty rights, scenic resources, cultural resources, recreation resources and natural resources).

E.    The agency shall issue a new administrative or examiner decision that supersedes the original decision.

F.    The new administrative or examiner decision may remove or revise original conditions or approval or add new conditions or approval to ensure full compliance with all the current guidelines.

(Amended: Ord. 2006-05-04; Ord. 2021-12-02)