HomeMy WebLinkAbout90-03590-27632
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
An Ordinance Amending Ordi-
nance No. PL -15, the Deschutes*
County Zoning Ordinance of
1979, As Amended, Revising
Provisions Concerning Surface
Mining, and Declaring an
Emergency.
ORDINANCE NO. 90-035
REVIEWED
NJ
10 4
DESCH18--CWiTiil OREGON
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. Section 4.110 (7)(A) of PL -15, as amended, is
further amended to read as follows:
"A. No noise -sensitive or dust -sensitive use or
structure established or constructed after the
designation of the SMIA Zone shall be located within
250 feet of any surface mining zone, except as
provided in subsection 13 of this section."
Section 2. Section 4.110(7) of PL -15, as amended, is further
amended to add a new subsection (7)(D) as follows:
"D. An exception to the 250 -foot setback in subsection
(7)(A) of this section shall be allowed pursuant to
a written agreement for a lesser setback made
between the owner of the noise -sensitive or dust -
sensitive use or structure located within 250 feet
of the proposed surface mining activity and the
owner or operator of the proposed surface mine.
Such agreement shall be notarized and recorded in
the Deschutes County Book of Records and shall run
with the land. Such agreement shall be submitted
and considered at the time of site plan review or
site plan modification."
Section 3. Section 4.110(10) of PL -15, as amended, is further
amended to read as follows:
"10. Site Plan Review and Approval Criteria.
A. Elements of Site Plan. A site plan shall be sub-
mitted in a form prescribed by the Planning Director
detailing the location of the proposed noise
sensitive use, the location of the nearby surface
mine zone and operation, if any, and other informa-
tion necessary to evaluate the approval criter�a,� &,_, ,ri"
contained in this section.
1 - ORDINANCE NO. 90-035 __:
---SEP 2 71990
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
ORDERS as follows:
Section 1. Section 4.110 (7)(A) of PL -15, as amended, is
further amended to read as follows:
"A. No noise -sensitive or dust -sensitive use or
structure established or constructed after the
designation of the SMIA Zone shall be located within
250 feet of any surface mining zone, except as
provided in subsection 13 of this section."
Section 2. Section 4.110(7) of PL -15, as amended, is further
amended to add a new subsection (7)(D) as follows:
"D. An exception to the 250 -foot setback in subsection
(7)(A) of this section shall be allowed pursuant to
a written agreement for a lesser setback made
between the owner of the noise -sensitive or dust -
sensitive use or structure located within 250 feet
of the proposed surface mining activity and the
owner or operator of the proposed surface mine.
Such agreement shall be notarized and recorded in
the Deschutes County Book of Records and shall run
with the land. Such agreement shall be submitted
and considered at the time of site plan review or
site plan modification."
Section 3. Section 4.110(10) of PL -15, as amended, is further
amended to read as follows:
"10. Site Plan Review and Approval Criteria.
A. Elements of Site Plan. A site plan shall be sub-
mitted in a form prescribed by the Planning Director
detailing the location of the proposed noise
sensitive use, the location of the nearby surface
mine zone and operation, if any, and other informa-
tion necessary to evaluate the approval criter�a,� &,_, ,ri"
contained in this section.
1 - ORDINANCE NO. 90-035 __:
104 - 1000
B. Site plan review and approval, pursuant to the
County Uniform Land Use Action Procedures Ordinance,
shall be required for all uses in the SMIA zone
prior to the commencement of any construction or
use.
C. The planning director or hearings body may grant or
deny site plan approval and may require such
modifications to the site plan as are determined to
be necessary to meet the setbacks, standards and
conditions described above.
D. The site plan shall be approved if the planning
director or hearings body finds that the site plan
is consistent with the site-specific ESEE analysis
in the surface mining element of the comprehensive
plan and that the proposed use will not prevent the
adjacent surface mining operation from meeting the
setbacks, standards and conditions set forth in Sec-
tions 4.100(9), (11) and (14), of this Ordinance,
respectively.
E. Public notice shall be as set forth in the County
Uniform Land Use Action Procedures Ordinance, except
that in all cases notice of the receipt of an SMIA
application shall be sent to the mine owners and/or
operators whose SM -zoned site triggered the SMIA
review."
Section 4. Section 4.110 of PL -15, as amended, is further
amended to add new subsection (11) as follows:
"11. Abbreviated SMIA Site Plan Review.
A. A new or enlarged noise or dust -sensitive use to
which this section applies that is at least one
quarter mile from an SM zone and that has at least
two dwellings or other noise or dust -sensitive uses
between it and the SM zone is presumed to meet the
approval criteria set forth in subsection 10(D)
above and shall be processed under this subsection.
B. Abbreviated SMIA site plan review shall require the
submission of an application in a form prescribed
by the Planning Director and such documentation as
is necessary to demonstrate conformance with sub-
section ll(A) above.
C. Unless the underlying zoning at the SMIA site would
require additional review of the proposed use for
some other land use permit, abbreviated site plan
review shall be conducted (1) administratively
2 - ORDINANCE NO. 90-035
104 1801
without prior public notice; (2) with public notice
of the Findings and Decision mailed consistent with
subsection 10 (E) above to all persons entitled to
receive notice; and (3) with an appeal period and
procedures as set forth in the Uniform Land Use
Action Procedures Ordinance. Appellants may submit
evidence to overcome the presumption set forth in
subsection 11(A) above."
Section 5. Former subsections 11, 12 and 13 of Section 4.110
are renumbered Subsections 12, 13 and 14, respectively.
Section 6. Notwithstanding Section 4(7) of the Uniform Land
Use Action Procedures Ordinance, the provisions of this Ordinance
shall be applicable to any site plan application accepted pursuant
to Deschutes County Ordinance No. 90-014 from the effective date
of that ordinance onward.
Section 7. This Ordinance being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this Ordinance takes effect on its
passage.
DATED this .A-JA
day of , 1990.
AT ST:
,1 J,4 Y
'Recording Secretary
3 - ORDINANCE NO. 90-035
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON