§ 50-189. Natural reservation protection.

(a)

Generally. Natural reservation areas in the county consist of lands designated on future land use map of the comprehensive plan as natural reservation. Such areas are owned and operated or managed by a federal, state, regional, or local government, or a non-profit agency, and are specifically managed as passive recreation areas, park facilities and services, undeveloped wildlife and vegetation preserves, and agricultural/forestry uses. Development of those areas that abut a natural reservation area shall be of such type and intensity as considered to be compatible with the natural reservation area.

(b)

Development abutting natural reservation. Development on property abutting lands designated on the future land use map as natural reservation, or lands which have been acquired by and are managed by a government agency for the purpose of conservation, shall exhibit best environmental management practices for the particular type of development, if such best environmental practices have been adopted by a state or federal agency for such type of development, in order to avoid and minimize adverse environmental and visual impacts. Development on such abutting property shall allow for the continued functioning, with the minimum disturbance, of the ecosystem that such development may be impacting.

(c)

Required buffer. Any property abutting a federal or state wildlife management area or federal or state forest which wildlife management area or forest is designated natural reservation on the future land use map shall maintain a 100-foot naturally vegetated buffer from the natural reservation property. Structures are prohibited within the 100-foot buffer. Uses within the 100-foot buffer are limited to agriculture, silviculture, and passive uses.

(d)

Variance procedures. The board of county commissioners may authorize variances from the prohibition against construction of structures within the 100-foot buffer required under subsection (c) hereof, upon application for such variance, and upon the applicant meeting all of the criteria contained in this subsection. In granting any variance pursuant to this section, the board of county commissioners may prescribe appropriate conditions and safeguards. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this section. In order for the board of county commissioners to authorize a variance from the prohibition against construction of structures within the 100-foot buffer, the application for the variance or other evidence, or both, must show:

(1)

That an application has been submitted including all information in the application form and any additional information reasonably required by the development department director, and including a drawing prepared by a licensed surveyor showing:

a.

Existing boundaries.

b.

Both the centerline and edge of right-of-way of adjoining roads or easements.

c.

All existing structures, and the distance from such structures to:

1.

The property line.

2.

The setback lines required for that zoning district.

d.

The size of the parcel of land for which a variance is requested, in square feet.

e.

The area of impervious surface, such as under roofs or pavement, in square feet.

f.

The specific physical characteristic of the lot or the land which necessitates the variance.

g.

Proposed structures, including their proposed location, dimensions, area and relationship to required setbacks or lot coverage.

h.

The locations of all structures on adjoining parcels of land.

(2)

That, when owing to the special shape, size, or physical features, the prohibition against structures within the 100-foot buffer would result in the preclusion of all reasonable use of the parcel. Preclusion of all reasonable use of the parcel will include, but not be limited to, placement of an inordinate burden on the property owner or applicant.

(3)

That special conditions and circumstances exist which are peculiar to the land or structure which are not usually applicable to other lands or structures that abut wildlife management areas or forests that are designated natural reservation.

(4)

That the variance granted is the minimum variance that will make possible the reasonable use of the land or structure.

(5)

That the grant of the variance will be in harmony with the general intent and purpose of this section, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(6)

That the variance granted will not allow adverse impacts to wetlands or listed species habitat within the 100-foot buffer.

(7)

That the grant of the variance will be consistent with the provisions of the comprehensive plan.

(1991 LDR ch. 53, art. 3; Ord. No. 2008-08, § 2, 4-8-2008)