33-816-Ordinance No. PL-15 Amendment Recorded 1/9/1980VOL 3 PAGE 816
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF THE STATE OF OREGON
FOR DESCHUTES COUNTY
In the Matter of Deschutes County )
Zoning Ordinance of 1979, No. PL-15 ) AMENDMENT TO
ORDINANCE NO. PL-15
The Deschutes County Board of Commissioners ordains as follows:
Section 4.100 of Deschutes County Zoning Ordinance of 1979, No. PL-15 is super-
seded as follows:
"Section 4.100. SURFACE MINING ZONE. SM. In an SM Zone, the following regulations
shall apply:
(1) Purpose: The purpose of the Surface Mining Zone is to allow the
extraction of non-renewable surface mining materials
needed by the community while protecting the health and
safety of adjoining residents and uses. The materials
are both necessary and beneficial to the economy and
their availability shall be balanced against the protection
of adjoining landowners and uses.
(2) Uses Permitted Outright. In the SM Zone, the following uses and
their accessory uses are permitted outright, subject to provisions
of this chapter:
(A) Uses, except dwellings, permitted outright in the MUA Zone.
(B) Extraction of all materials, sand, gravel, rock cinders,
pumice, topsoil, fill material (including select fill) and
any other mineral or aggregate material.
(C) Stockpiling and storage for mineral or aggregate materials
produced from the site.
(D) Crushing, processing, washing and sizing.
(E) Caretaker's residence.
(F) Other related activities using materials found primarily on
the site, such as concrete batching plants, mineral refining
plants, hot mix asphalt plants and concrete products plants.
(G) Sale of products produced from the site.
(H) Buildings, structures, apparatus, equipment and appurtenances
necessary for the above uses to be carried on.
(3) Conditional Uses Permitted.
(A) Public use consistent with or dependent upon outright uses
allowed in the SM Zone.
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(B) Semi-public use consistent with or dependent upon outright
uses allowed in the SM Zone.
(C) Ore smelter.
(D) Landfills when a written tentative approval by the Oregon Department
of Environmental'Quality (DEQ) is;submitted'.wi.th the conditional use
application.
(4) Dimensional Standards. In an SM Zone, the minimum lot size shall
be as determined by the Planning Director to be necessary for
the protection of the public health, safety and welfare.
(5) Use Setbacks. [Not to apply to nonconforming uses as defined in
Subsection (14) of this Section].
(A) Uses within an SM Zone shall maintain at least a one-hundred
foot (100 ft.) setback from the part of a property line
which is adjacent to a residential dwelling. This need not
be for the full length of the property line.
(B) At least three-hundred-foot (300 ft.) setbacks shall be
maintained from the property lines adjoining roads that are
in Landscape Management Areas, as defined in the Comprehensive
Plan, as well as from any stream or lake, unless allowing
a shorter setback can be shown to have no additional negative
visual or aesthetic impact. In no case shall such a setback
be less than 100 ft.
(C) Upon an individual basis, an operator, an affected property
owner, and/or the Planning Director may request an increase
or decrease in setbacks adjoining roads in Landscape Manage-
ment Areas or in residential areas. Such a request shall
be reviewed by the Planning Director for general conformance
with the Comprehensive Plan and this Ordinance.
(6) Site Plan Review. [Not to apply to nonconforming uses as defined
Subsection (14) of this Section]. In an SM Zone, a use permitted
outright or a conditional use shall be subject to the provisions
of this Section. Before development of any new site may begin
after the effective date of this Ordinance, a site plan shall be
approved by the Planning Director. Construction and development
of the site shall be in full conformance with the approved
site plan.
(7) Site Plan Requirements. A site plan shall provide for the following:
(A) A reclamation plan approved by the Oregon Department of
Geology and Mineral Industries, and satisfying such additional
standards as are set forth herein.
(B) A maintenance program. All buildings, structures and equip-
ment used for the production and processing of minerals and
other materials affected by this Ordinance shall be maintained
in such a manner as to assure that such buildings, structures
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VOL
and equipment will not become dilapidated or hazardous.
The reclamation plan shall also address disposition of
buildings, structures and equipment used in production
and processing of minerals and other materials, offices,
storage garage and watchman's house or any remains thereof.
(C) Air, water and noise requirements. Air and water quality
and noise level shall be in accordance with the requirements
of State and Federal laws and regulations, and County
Ordinances.
(D) A complete description of all planned uses.
(E) The Planning Director may require the following at the time
of site plan approval:
[1] An increase or decrease in required setbacks.
[2] Screening of the proposed use, or parts thereof,
by fencing or landscaping.
[3] Limitations on lighting.
[4] An adequate plan for phased mining and reclama-
tion of the site.
[5] Restrictions on the hours of operation.
[6] Applicants may be required to provide dust-free
site access roads near residential areas.
[7] When SM operations are planned to be within one-half
mile of a residence, a residential zone, or the MUA
Zone, the Planning Director may, in addition, place
more stringent criteria upon Oh- operations, in
accordance with Subsection= (8) of this Section.
(8) Special Requirements Relating to Residential Areas.
(A) Unless the applicant can show that the natural topography of
the site offers sufficient screening of the site from
public view, the exposed sides of the site shall be screened
with landscaped berms, hedges, walls, fences or similar devices
to effectively screen the site from the public if
economically feasible.
(B) If necessary, upon site plan review, the Planning Director
and the applicant may determine that screening requirements
are not economically feasible or physically possible.
(9) Procedure Upon Filing of Site Plan.
(A) Each application and site plan shall be reviewed by the
Planning Director for conformance with this Ordinance and
the Comprehensive Plan. The Director shall transmit the
application to affected agencies for their review.
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Vol 33 FACE 81
(B) Following receipt of the application, the Planning Director
shall notify, in writing, the applicant and persons and
agencies entitled to written notice as defined in County
Ordinance PL-9. The entire process leading to a decision
shall not exceed 45 days.
(C) [1] If after the Planning Director renders his decision
applicant feels it necessary, the applicant may appeal
the decision to the Hearings Officer. If such a
decision is referred to the Hearings Officer, he may,
at his discretion, either hold a public hearing and
call for public testimony,1.or. he may determine the
case without open public testimony and hearing by
weighing the evidence as presented by the Planning
Director and the applicant and then make a decision.
In either case, the procedure before the Hearings
Officer shall follow the applicable portions of the
Procedural Ordinance, PL-9.
[2] Hearings Officer review shall follow in accordance
with County Procedural Ordinance PL-9.
[3] The Planning Director's and/or Hearings Officer's
decisions shall be based on the impact of the proposed
use on nearby uses of land, the impact of traffic on
affected streets and roads, and the economic, social
and environmental impact on the community.
[4] The Planning Director and/or Hearings Officer shall
approve a site plan only if in conformance with all
applicable regulations, this Ordinance, and the
Comprehensive Plan.
(10) Approval of Site Plan. [Not to apply to nonconforming uses as
defined in Subsection (14) of this Section]. A site plan final
approval shall expire eighteen (18) months from the date of approval
unless the project has commenced in accordance with the approved
site and reclamation plans. Upon petition by the original applicant
showing good cause, an extension of an additional six (6) months
may be granted by the Planning Director. The operating approval
shall be valid for a period of time specified by the reclamation
plan except as otherwise limited therein.
(11) Bond. A bond or security deposit shall be required of all applicants
in accordance with ORS 517.810. A bond shall also be required
sufficient to cover costs of necessary road improvements, berming
and landscaping, if not already bonded under ORS 517.810.
(12) Failure to Comply.
(A) If the Planning Director determines that the permittee is
not in compliance with the site plan, he may' institute
enforcement proceedings to require such compliance. Enforcement
may include citing the permittee to District Court, injunctive
proceedings, or enforcement of the bond provisions.
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' VOL tid FUlf
(B) If a permittee fails to faithfully perform the reclamation
required by his reclamation plan, or if the bond or
security deposit required by Subsection (11) is not
sufficient to compensate the County for all reasonable
necessary expenses incurred by it in performing the
reclamation required by the reclamation plan, the amount
due shall be a lien in accordance with ORS 517.865, in
favor of the County, upon all property, whether real or
personal, belonging to the permittee.
(13) Exceptions. This Ordinance shall not apply to the following:
(A) Excavation or grading operations conducted in the process
of farming or cemetery operations.
(B) Exception to ORS Chapter 517 when State administration of
mineral and aggregate activities are assumed by the Oregon
Division of State Lands pursuant to ORS Chapter 541.605
through 541.660. Provisions of this Ordinance shall apply
to lands and activities administered by the State of Oregon
pursuant to ORS 541.605 through 541.660.
(C) Exception to Department of Geology and Mineral Industries
for dredged mineral and aggregate materials, administered
by Oregon Division of State Lands pursuant to ORS Chapter
517.611 through 517.700. Provisions of this Ordinance shall
apply to lands and waters and acitvities within them ad-
ministered by the State of Oregon pursuant to ORS 517.611
through 517.700.
(D) Nothing herein shall be construed to supersede the provisions
of the Forest Practice Act (ORS 527.610 through 527.730),
as amended by Chapter 400, Section 1 of Oregon Laws of 1979,
and regulations thereunder which preempt County law.
(14) SM Nonconforming Uses. This Ordinance shall not apply to lawful uses
as existing upon the date of adoption of the Deschutes County
Zoning Ordinance of 1979, Number PL-15 (November 1, 1979).
(15) Nuisances. Any use which creates a nuisance shall be reviewed
by the Planning Director at the time of the citizen complaint or
complaint by Planning Department staff. Such review shall carry
penalties as outlined in Section 12.050 of this Ordinance."
Emergency Clause. In that the Board of Commissioners finds that many existing surface
mining operations cannot continue to operate and obtain financing under the verions of
Section 4.100 of Deschutes County Zoning Ordinance of 1979, Number PL-15, an emergency
is declared to exist affecting the public peace, health, safety and general welfare
of the public, and this Amendment, pursuant to ORS 203.045(9), shall take effect upon
adoption.
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VOL #34 PW
ADOPTED this / day of January, 1980.
BOARD OF COUNTY COMMISSIONERS
ALBERT A. YOUNG, C rman
CLAY C. EPARD, Commiss oner
ROBERT C. PAULSO , JR., Commission r
ATTE
RO EMAR PATTERS
County lerk
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