40.240.490 General Management Area Scenic Review Criteria (REPEALED)
The following scenic review guidelines shall apply to all review uses in the General Management Area of the Columbia River Gorge National Scenic Area:
A. All Review Uses.
1. New buildings and roads shall be sited and designed to retain the existing topography and reduce necessary grading to the maximum extent practicable.
2. New buildings shall be generally consistent with the height and size of existing nearby development.
3. Project applicants shall be responsible for the proper maintenance and survival of any planted vegetation required by the guidelines in Section 40.240.490.
4. For all proposed development, the determination of compatibility with the landscape setting shall be based on information submitted in the site plan.
5. For all new production and/or development of mineral resources and expansion of existing quarries, a reclamation plan is required to restore the site to a natural appearance which blends with and emulates surrounding landforms to the maximum extent practicable.
Such a plan shall be approved by the appropriate state agency for uses under their jurisdiction, or approved by the responsible official with technical assistance from applicable state agencies for uses not under state agency jurisdiction. At a minimum, such reclamation plans shall include:
a. A map of the site, at a scale of one (1) inch equals two hundred (200) feet (1:2,400), or a scale providing greater detail, with ten (10) foot contour intervals or less, showing pre mining existing grades and post mining final grades; locations of topsoil stockpiles for eventual reclamation use; location of catch-basins or similar drainage and erosion control features employed for the duration of the use; and the location of storage, processing and equipment areas employed for the duration of the use.
b. Cross-sectional drawings of the site showing pre-mining and post-grades. Descriptions of the proposed use, in terms of estimated quantity and type of material removed, estimated duration of the use, processing activities, etc.
c. Description of drainage/erosion control features to be employed for the duration of the use.
d. A landscaping plan providing for revegetation consistent with the vegetation patterns of the subject landscape setting, indicating the species, number, size and location of plantings for the final reclaimed grade, as well as a description of irrigation provisions or other measures necessary to ensure the survival of plantings.
B. All review uses visible from Key Viewing Areas shall comply with the following applicable guidelines:
1. Size, height, shape, color, reflectivity, landscaping, siting or other aspects of proposed development shall be evaluated to ensure that such development is visually subordinate to its setting as seen from Key Viewing Areas.
2. The extent and type of conditions applied to a proposed development to achieve visual subordinance should be proportionate to its potential visual impacts as seen from Key Viewing Areas. Primary factors influencing the degree of potential visual impact include: the amount of area of the building site exposed to Key Viewing Areas, the degree of existing vegetation providing screening, the distance from the building site to the Key Viewing Areas from which it is visible, the number of Key Viewing Areas from which it is visible, and the linear distance along the Key Viewing Areas from which the building site is visible (for linear Key Viewing Areas, such as roads). Written reports on determination of visual subordinance and final conditions of approval shall include findings addressing each of these factors.
3. Determination of potential visual effects and compliance with visual subordinance policies shall include consideration of the cumulative effects of proposed developments.
4. For all buildings, roads or mining and associated activities proposed on lands visible from Key Viewing Areas, the following supplemental site plan information shall be submitted in addition to the site plan requirements in Sections 40.240.100 and 40.240.490(A)(5) for mining and associated activities:
a. For buildings, a description of the proposed building(s)’ height, shape, color, exterior building materials, exterior lighting, and landscaping details (type of plants used, number, size, locations of plantings, and any irrigation provisions or other measures to ensure the survival of landscaping planted for screening purposes).
b. Elevation drawings showing the appearance of proposed building(s) when built and surrounding final ground grades, for all buildings over four hundred (400) square feet in area.
5. For proposed mining and associated activities on lands visible from Key Viewing Areas, in addition to submittal of plans and information pursuant to Sections 40.240.490(A)(5) and 40.240.490(B)(4), project applicants shall submit perspective drawings of the proposed mining areas as seen from applicable Key Viewing Areas.
6. New buildings or roads shall be sited on portions of the subject property which minimize visibility from Key Viewing Areas, unless the siting would place such development in a buffer specified for protection of wetlands, riparian corridors, sensitive plants, sensitive wildlife sites or conflict with the protection of cultural resources. In such situations, development shall comply with this guideline to the maximum extent practicable.
7. In siting new buildings and roads, use of existing topography and vegetation to screen such development from Key Viewing Areas shall be give priority over other means of achieving visual subordinance, such as planting of new vegetation or use of artificial berms to screen the development from Key Viewing Areas.
8. Driveways and buildings shall be designed and sited to minimize grading activities and visibility of cut banks and fill slopes from Key Viewing Areas.
9. The exterior of buildings on lands seen from Key Viewing Areas shall be composed of non-reflective materials or materials with low reflectivity, unless the structure would be fully screened from all Key Viewing Areas by existing topographic features.
10. Exterior lighting shall be directed downward and sited, hooded and shielded such that it is not highly visible from Key Viewing Areas. Shielding and hooding materials shall be composed of non-reflective, opaque materials.
11. Additions to existing buildings smaller in total square area than the existing building may be the same color as the existing building. Additions larger than the existing building shall be of colors specified in the design guidelines for the subject property’s landscape setting.
12. Rehabilitation of or modifications to existing significant historic structures shall be exempted from visual subordinance requirements for lands seen from Key Viewing Areas. To be eligible for such exemption, the structure must be included in or eligible for inclusion in, the National Register of Historic Places or be in the process of applying for a determination of significance pursuant to such regulations. Rehabilitation of or modifications to structures meeting this guideline shall be consistent with National Park Service regulations for such structures.
13. The silhouette of new buildings shall remain below the skyline of a bluff cliff or ridge as seen from Key Viewing Areas. Variances to this guideline may be granted if application of the guideline would leave the owner without a reasonable economic use. The variance shall be the minimum necessary to allow the use, and may be applied only after all reasonable efforts to modify the design, building height, and site to comply with the guideline have been made.
14. An alteration to a building built prior to November 17, 1986, which already protrudes above the skyline of a bluff, cliff or ridge as seen from a Key Viewing Area, may itself protrude above the skyline if:
a. The altered building, through use of color, landscaping and/or other mitigation measures, contrasts less with its setting than before the alteration; and
b. There is no practicable alternative means of altering the building without increasing the protrusion.
15. New main lines on lands visible from Key Viewing Areas for the transmission of electricity, gas, oil, other fuels, or communications, except for connections to individual users or small clusters of individual users, shall be built in existing transmission corridors unless it can be demonstrated that use of existing corridors is not practicable. Such new lines shall be underground as a first preference unless it can be demonstrated to be impracticable.
16. New communication facilities (antennas, dishes, etc.) on lands visible from Key Viewing Areas, which require an open and unobstructed site, shall be built upon existing facilities unless it can be demonstrated that use of existing facilities is not practicable.
17. New communications facilities may protrude above a skyline visible from a Key Viewing Area only upon demonstration that:
a. The facility is necessary for public service;
b. The break in the skyline is seen only in the background; and
c. The break in the skyline is the minimum necessary to provide the service.
18. Overpasses, safety and directional signs and other road and highway facilities may protrude above a skyline visible from a Key Viewing Area only upon a demonstration that:
a. The facility is necessary for public service; and
b. The break in the skyline is the minimum necessary to provide the service.
19. Except for water-dependent development and for water-related recreation development, development shall be set back one hundred (100) feet from the ordinary high water mark of the Columbia River below Bonneville Dam, and one hundred (100) feet from the normal pool elevation of the Columbia River above Bonneville Dam, unless the setback would render a property unbuildable. In such cases, variances to the setback may be authorized.
20. New buildings shall not be permitted on lands visible from Key Viewing Areas with slopes in excess of thirty percent (30%). A variance may be authorized if the property would be rendered unbuildable through the application of this guideline. In determining the slope, the average percent slope of the proposed building site shall be used.
21. All proposed structural development involving more than one hundred (100) cubic yards of grading on sites visible from Key Viewing Areas and which slope between ten and thirty percent (10% – 30%) shall include submittal of a grading plan. This plan shall be reviewed by the responsible official for compliance with Key Viewing Area policies. The grading plan shall include the following:
a. A map of the site, prepared at a scale of one (1) inch equals two hundred (200) feet (1:2,400), or a scale providing greater detail, with contour intervals of at least five (5) feet, including:
(1) Existing and proposed final grades;
(2) Location of all areas to be graded, with cut banks and fill slopes delineated; and
(3) Estimated dimensions of graded areas.
b. A narrative description (may be submitted on the grading plan site map and accompanying drawings) of the proposed grading activity, including:
(1) Its purpose;
(2) An estimate of the total volume of material to be moved;
(3) The height of all cut banks and fill slopes;
(4) Provisions to be used for compaction, drainage, and stabilization of graded areas (preparation of this information by a licensed engineer or engineering geologist is recommended);
(5) A description of all plant materials used to revegetated exposed slopes and banks, including type of species, number of, size and location of plants, and a description of irrigation provisions or other measures necessary to ensure the survival of plantings; and
(6) A description of any other interim or permanent erosion control measures to be utilized.
22. Expansion of existing quarries and new production and/or development of mineral resources proposed on sites within the CRGNSA area more than three (3) miles from the nearest Key Viewing Areas from which it is visible may be allowed upon a demonstration that:
a. The site plan requirements for such proposals pursuant to this chapter have been met.
b. The area to be mined and the area to be used for primary processing, equipment storage, stockpiling, etc., associated with the use would be visually subordinate as seen from any Key Viewing Areas.
c. A reclamation plan to restore the site to a natural appearance which blends with and emulates surrounding landforms to the maximum extent practicable has been approved. The plan shall be approved by the applicable state agency with jurisdiction, or approved by the responsible official with technical assistance from applicable state agencies for uses not under state agency jurisdiction. At minimum, the reclamation plan shall comply with Section 40.240.490(A)(5).
d. A written report on a determination of visual subordinance has been completed, with findings addressing the extent of visibility of proposed activities from Key Viewing Areas, including:
(1) A list of Key Viewing Areas from which exposed mining surfaces (and associated facilities/activities) would be visible;
(2) An estimate of the surface area of exposed mining surfaces that would be visible from those Key Viewing Areas;
(3) The distance from those Key Viewing Areas and the linear distance along those Key Viewing Areas from which proposed mining surfaces are visible;
(4) The slope and aspect of mining surfaces relative to those portions of Key Viewing Areas from which they are visible;
(5) The degree to which potentially visible minimum surfaces are screened from Key Viewing Areas by existing vegetation, including winter screening considerations.
(6) The degree to which potentially visible mining surfaces would be screened by new plantings, berms, etc., and appropriate time frames to achieve such results, including winter screening considerations.
23. Unless addressed by the guideline in Section 40.240.490(B)(22), new production and/or development of mineral resources may be allowed upon a demonstration that:
a. The site plan requirements for such proposals pursuant to this section have been met;
b. The area to be mined and the area used for primary processing, equipment storage, stockpiling, etc., associated with the use would be fully screened from any Key Viewing Area; and
c. A reclamation plan to restore the area to a natural appearance which blends with and emulates surrounding landforms to the maximum extent practicable has been approved by the applicable state agency with jurisdiction, or approved by the responsible official with technical assistance from applicable state agencies for uses not under state agency jurisdiction. At minimum, the reclamation plan shall comply with Section 40.240.490(A)(5).
24. An interim time period to achieve compliance with visual subordinance requirements for expansion of existing quarries and development of new quarries located more than three (3) miles from the nearest visible Key Viewing Area shall be established prior to approval. The interim time period shall be based on site-specific topographic and visual conditions, but shall not exceed three (3) years beyond the date of approval.
25. An interim time period to achieve compliance with full screening requirements for new quarries located less than three (3) miles from the nearest visible Key Viewing Area shall be established prior to approval. The interim time period shall be based on site-specific topographic and visual conditions, but shall not exceed one (1) year beyond the date of approval. Quarrying activity occurring prior to achieving compliance with fall screening requirements shall be limited to activities necessary to provide such screening (creation of berms, etc.).
26. Compliance with specific approval conditions to achieve visual subordinance (such as landscaped screening), shall occur within a period not to exceed two (2) years after the date of development approval. This guideline shall apply to all development regulated by this section except mining and associated uses.
C. All review uses within the following landscape settings, as delineated by the Columbia River Gorge Management Plan Landscape Settings map, shall comply with the following applicable guidelines:
1. Pastoral.
a. New development shall be compatible with the general scale (height, dimensions, overall mass) of development in the vicinity. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
b. Accessory structures, outbuildings and accessways shall be clustered together as much as possible, particularly towards the edges of existing meadows, pastures and farm fields.
c. In portions of this setting visible from Key Viewing Areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:
(1) Except as is necessary for site development or safety purposes, the existing tree cover screening the development from Key Viewing Areas shall be retained.
(2) Vegetative landscaping shall, where feasible, retain the open character of existing pastures and fields.
(3) At least half of any trees planted for screening purposes shall be species native to the setting or commonly found in the area. Such species include fruit trees, Douglas fir, Lombardy poplar (usually in rows), Oregon white oak, big leaf maple, and black locust (primarily in the eastern Gorge).
(4) At least one quarter (1/4) of any trees planted for screening shall be coniferous for winter screening.
(5) The exteriors of structures shall be dark and either natural or earth-tone colors unless specifically exempted by Section 40.240.490(B)(11) or (B)(12).
d. Compatible recreation uses include resource-based recreation uses of a very low- or low-intensity nature (as defined by Section 40.240.580), occurring infrequently in the landscape.
2. Coniferous Woodland.
a. New development shall be compatible with the general scale (height, dimensions and overall mass) of development in the vicinity. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
b. Structure height shall remain below the forest canopy level.
c. In portions of this setting visible from Key Viewing Areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:
(1) Except as is necessary for construction of access roads, building pads, leach fields, etc., the existing tree cover screening the development from Key Viewing Areas shall be retained.
(2) At least half of any trees planted for screening purposes shall be species native to the setting. Such species include: Douglas fir, grand fir, western red cedar, western hemlock, big leaf maple, red alder, ponderosa, pine and Oregon white oak, and various native willows (for riparian areas).
(3) At least half of any trees planted for screening purposes shall be coniferous to provide winter screening.
(4) The exteriors of structures shall be either natural or earth-tone colors unless specifically exempted by Section 40.240.490(B)(11) or (B)(12).
d. Compatible recreation uses include resource-based recreation uses of varying intensities. Typically, outdoor recreation uses should be low-intensity, and include trails, small picnic areas and scenic viewpoints. Some more intensive recreation uses, such as campgrounds, may occur. They should be scattered, interspersed with large areas of undeveloped land and low-intensity uses.
3. Rural Residential.
a. New development shall be compatible with the general scale (height, dimensions and overall mass) of development in the vicinity. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
b. Existing tree cover shall be retained as much as possible, except as is necessary for site development, safety purposes, or as part of forest management practices.
c. In portions of this setting visible from Key Viewing Areas the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:
(1) Except as is necessary for site development or safety purposes, the existing tree cover screening the development from Key Viewing Areas shall be retained.
(2) Vegetative landscaping shall, where feasible, retain the open character of existing pastures and fields.
(3) At least half of any trees planted for screening purposes shall be species native to the setting or commonly found in the area. Such species include fruit trees, Douglas fir, Lombardy poplar (usually in rows), Oregon white oak, big leaf maple, and black locust (primarily in the eastern gorge.
(4) At least one-quarter (1/4) of any trees planted for screening purposes shall be coniferous to provide winter screening.
(5) The exteriors of structures shall be dark and either natural or earth-tone colors unless specifically exempted by Section 40.240.490(B)(11) or (B)(12).
d. Compatible recreation uses include resource-based recreation uses of a very low-intensity nature (as defined by Section 40.240.580), occurring infrequently in the landscape.
4. Rural Residential/Pastoral.
a. New development in this setting shall meet the design guidelines for both the Rural Residential setting and the more rural Pastoral setting with which it is combined unless it can be demonstrated that compliance with the guidelines for the more rural setting is impracticable. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
b. In the event of a possible conflict between the guidelines, the guidelines for the more rural Pastoral setting shall apply, unless it can be demonstrated that application of such guidelines would not be practicable.
c. Compatible recreation uses should be limited to very low- and low-intensity resource-based recreation uses, scattered infrequently in the landscape.
5. River Bottomlands.
a. New development shall be compatible with the general scale (height, dimensions and overall mass) of development in the vicinity. Expansion of existing development shall comply with this guideline to the maximum extent practicable.
b. In portions of this setting visible from Key Viewing Areas, the following guidelines shall be employed to achieve visual subordinance for new development and expansion of existing development:
(1) Except as is necessary for site development or safety purposes, existing tree cover screening the development from Key Viewing Areas shall be retained.
(2) At least half of any trees planted for screening purposes shall be species native to the River Bottomland setting. Public recreation developments are encouraged to maximize the percentage of planted screening vegetation native to this setting. Such species include: black cottonwood, big leaf maple, red alder, Oregon white ash, Douglas fir, western red cedar and western hemlock (west Gorge) and various native willow species.
(3) At least one quarter (1/4) of any trees planted for screening purposes shall be coniferous for winter screening.
(4) The exteriors of structures shall be dark and either natural or earth-tone colors unless specifically exempted by Section 40.240.490(B)(11) or (B)(12).
c. Compatible recreation uses depend on the degree of natural resource sensitivity of a particular site. In the most critically sensitive River Bottomlands, very low-intensity uses which do not impair wetlands or special habitat requirements may be compatible. In other River Bottomland areas, nodes of moderate-intensity and/or high-intensity recreation uses may be compatible, provided that:
(1) Their designs emphasize retention and/or enhancement of native riparian communities;
(2) Structures and parking areas are visually subordinate; and
(3) They are separated from other areas of concentrated recreation usage by stretches of natural appearing shoreline and adjacent uplands.
(Amended: Ord. 2005-04-12)
D. All Review Uses within Scenic Travel Corridors shall comply with the following applicable guidelines:
1. For the purposes of implementing this section, the foreground of a Scenic Travel Corridor shall include those lands within one quarter (1/4) mile of the edge of pavement of the SR-14 Highway.
2. All new buildings and alterations to existing buildings, except in a Rural Center designation (village landscape setting), shall be set back at least one hundred (100) feet from the edge of pavement of SR-14 roadway. A variance to this setback requirement may be granted pursuant to Section 40.240.190(G). All new parking lots and expansions of existing parking lots shall be set back at least one hundred (100) feet from the edge of pavement of SR-14, to the maximum extent practicable.
3. Additions to existing buildings or expansion of existing parking lots located within one hundred (100) feet of the edge of pavement of a SR-14 shall comply with the guideline in Section 40.240.490(D)(2) to the maximum extent practicable.
4. All proposed vegetation management projects in public rights-of-way to provide or improve views shall include the following:
a. An evaluation of potential visual impacts of the proposed project as seen from any Key Viewing Area;
b. An inventory of any rare plants, sensitive wildlife habitat, wetlands or riparian areas on the project site. If such resources are determined to be present, the project shall comply with applicable guidelines to protect the resources.
5. When evaluating possible locations for undergrounding of signal wires or powerlines, railroads and utility companies shall prioritize those areas specifically recommended as extreme or high priorities for undergrounding in the Columbia River Gorge National Scenic Area Corridor Visual Inventory prepared in April, 1990.
6. New production and/or development of mineral resources proposed within one quarter (1/4) mile of the edge of pavement of a SR-14 may be allowed upon a demonstration that full visual screening of the site from SR-14 can be achieved by use of existing topographic features or existing vegetation designed to be retained through the planned duration of the proposed project. An exception to this may be granted if planting of new vegetation in the vicinity of the access road to the mining area would achieve full screening. If existing vegetation is partly or fully employed to achieve visual screening, over seventy-five percent (75%) of the tree canopy area shall be coniferous species providing adequate winter screening. Mining and associated primary processing of mineral resources is prohibited within one hundred (100) feet of SR-14, as measured from the edge of pavement, except for access roads. Compliance with full screening requirements shall be achieved within time frames specified in Section 40.240.490(B)(25).
7. Expansion of existing quarries may be allowed pursuant to Section 40.240.490(B)(22). Compliance with visual subordinance requirements shall be achieved within time frames specified in Section 40.240.490(B)(24).
E. Emergency/disaster response actions shall comply with the following applicable guidelines:
1. Impacts of emergency/disaster shall be evaluated to ensure that scenic resources are not adversely affected. Such actions shall be rendered visually subordinate in their landscape settings as seen from Key Viewing Areas to the greatest extent practicable, except for actions located in areas exempted from visual subordinance requirements in the Management Plan [page 1-32].
2. Vegetation shall be used to screen or cover road cuts, structural development, landform alteration, and areas denuded of vegetation, as a result of emergency/disaster response actions.
3. Vegetation shall be used to screen or cover road cuts, structural development landform alteration, and areas denuded of vegetation, as a result of emergency/disaster response actions.
4. Areas denuded of vegetation as a result of emergency/disaster response actions shall be revegetated with native plant species, or species commonly found within the applicable landscape setting, to restore the affected areas to its pre-response conditions to the greatest extent practicable, but no later than one (1) year after emergency/disaster event. An exception to the one (1) year requirement may be granted upon demonstration of just cause, with an extension of up to one (1) year.
5. The painting, staining or use of other new materials on new structural development shall be used to ensure that the structures are non-reflective, or of low reflectivity, and visually subordinate in their landscape setting as seen from Key Viewing Areas, unless the structure is fully screened from Key Viewing Area by existing topographic features.
6. Additions to existing structures, resulting from an emergency/disaster response actions, which are smaller in total height, bulk or area than the existing structures may the same color as the existing development. Additions larger than the existing development shall be visually subordinate in their landscape setting as seen from Key Viewing Areas to the greatest extent practicable.
7. Spoil materials associated with grading, excavation and slide debris removal activities in relation to an emergency/disaster response action, shall either be (1) removed from the NSA or deposited at a site within the NSA permitted by the county, or (2) (re)contoured, to the greatest extent practicable, to retain the natural topography, or a topography which emulates that of the surrounding landscape.