16.130.070 Variances

   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.

16.130.080 Molalla river riparian reduction

   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.

16.130.090 Appeals

Any decision by the City of Canby on a land use application concerning the riparian protection requirements herein may be appealed to the Planning Commission and City Council pursuant to Canby’s Land Development and Planning Ordinance.

16.130.105 Conflicts

To best protect important values of riparian areas in the event that the requirements of this section conflict with other ordinance requirements, the City shall apply the requirements that best provide for the protection of the resource.

16.130.110 Findings of facts

The City Council adopts the above findings of fact as a basis for adoption of this land use ordinance.

16.130.120 Amendments

All amendments made to this ordinance shall be in accordance with the amendment procedures set forth in Canby’s Land Development and Planning Ordinance.

16.130.130 Severability

The sections and subsections of this ordinance are severable. The invalidity of one section or subsection shall not affect the validity of the remaining sections, or permit approvals and prosecutions brought pursuant to this section.