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A. Permanent alteration of the riparian area by placement of structures or impervious surfaces is allowable under the following procedures, subject to the mitigation requirements of 16.130.050 (B).
1. A setback adjustment as allowed under 16.130.060.
2. A Variance to the riparian setback approved through the procedures of 16.130.070.
3. On the Molalla River, having average annual stream flow exceeding 1,000 cubic feet per second and having a 75-100-ft. riparian buffer established under this ordinance, the riparian setback may be reduced as allowed under 160.130.080.
B. Proposals for development activities within the riparian area allowed in 16.130.050 shall be reviewed by the Oregon Department of Fish and Wildlife (ODFW), as per OAR 635-415 Fish and Wildlife Habitat Mitigation Policy. A mitigation recommendation shall be obtained from ODFW. For purposes of implementing Goal 5, the goal is no net loss of protected resources; correspondingly, for purposes of designing appropriate mitigation , site should be considered at least in “Habitat Category 2” (OAR 635-415-030), which strives for no net loss of habitat values. Approval of the development proposal shall be conditional, requiring compliance with the mitigation recommendation of ODFW.
1. Qualifying lots: Lots on which the riparian setback required by this ordinance exceeds any other setback in a particular yard, and which, when combined with other required yard setbacks, results in a building area depth of 25 ft. or less or a building envelope of 800 sq ft or less.
2. Setback reduction procedure. Setback reduction shall be the minimum necessary to create a building envelope 25-feet deep or a building envelope of 800 sq ft (whichever requires a lesser reduction of the setback). The yard setback opposite the riparian area may be reduced of to ½ the standard setback. If this does not create a sufficient building envelope, the riparian setback may be reduced up to ½ the required setback. Additional reduction of setbacks require a variance. Removal of vegetation within the original riparian setback shall be the minimum necessary to allow development of the use, and shall otherwise conform with the standards of Section IIB of this ordinance.
1. In cases where the provision for a Setback Adjustment under Section 16.130.060 are not sufficient, a property owner may request a Variance to the riparian setback. Granting of a Variance requires finding that:
a. the proposed development requires deviation from the riparian standards; and
b. strict adherence to the riparian setback and other applicable standards would effectively preclude a use of the parcel that could be reasonably expected to occur in the zone, and that the property owner would be precluded a substantial property right enjoyed by the majority of landowners in the vicinity; and
c. the provisions of Section 16.130.060 are insufficient to remedy the hardship.
A. Molalla River Riparian Reduction : Structures and impervious surfaces may be placed within the 75-100 foot riparian setback as follows:
1. The removal of vegetation shall be limited to the minimum amount necessary to accommodate the use. Any vegetation removed in excess of this standard shall be non-native species, and the proposal shall specify replacement of that vegetation with native species.
2. The applicant shall provide sufficient information regarding the proposed development and potential impacts to riparian resources to allow the staff, in consultation with the Oregon Department of Fish and Wildlife, to determine whether the proposal will provide equal or better protection of riparian resources. This information includes, but is not necessarily limited to: a plot plan showing the top of the stream or water body bank, the extent of development within the riparian setback, uses that will occur within the riparian setback and potential impacts (for example: chemical runoff, noise, etc.), the extent of vegetation removal proposed, characteristics of the existing vegetation (types, density), any proposed alterations of topography or drainage patterns, existing uses on the property and any potential impacts they could have on riparian resources.
3. In no case shall such alterations occupy more than 50% of the width of the riparian area measured from the upland edge of the corridor.
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