HomeMy WebLinkAbout84-002BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Section *
6.040, Deschutes County Zoning*
Ordinance of 1979, Ordinance
No. PL -15, as amended, By The
Addition of Subsection 5,
Providing New Exceptions To
Yard Requirements, and
Declaring an Emergency.
95-152'73
ORDINANCE NO. 84-002
6'. 1 L E+ D
MAR 21 1984
MARY SUE PEWLLOW, CO. CLERK
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. Section 6.040, Exceptions to Yard Requirements,
Deschutes County Zoning Ordinance of 1979, is amended by the
addition of subsection 5, which reads as follows:
(5) Structures on parcels created prior to November 1,
1979, may be granted an exception to the 100 foot
setback from the high water line or mark along a stream
or lake subject to Ordinance 82-011 and the following
criteria:
(A) An application shall be filed which includes:
(1) A detailed explanation of the planned
development.
(2) An explanation of why an exception is
necessary.
(3) A site plan, drawn to scale, and accom-
panied by such drawings, sketches and
descriptions necessary to describe and
illustrate the proposed development.
The site plan shall, at a minimum,
include:
a. An inventory of existing vegeta-
tion, including trees, on the lot
located within 200 feet of the high
water line or mark along the stream
or lake. The inventory shall be in
sufficient detail to allow the re-
view and evaluation of the impacts
of the proposed development.
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MAY 01995
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CC 52 w. 534
b. Proposed modifications of the vege-
tation on the lot within 200 feet
of the high water line or mark
along the stream or lake, including
the size, species and approximate
locations of existing vegetation to
be retained and new vegetation pro-
posed to be placed upon the site.
C. Existing and proposed site con-
tours.
d. The locations and dimensions of all
structures, property lines, ease-
ments, high water lines or marks,
utilities, and uses.
e. Other site elements and information
which will assist in the evaluation
of the proposed development.
(4) An explanation of how the proposed
development will satisfy each of the
exception criteria set forth in
subsection 5(B) of this Section.
(B) An exception may be granted only upon
determination that all of the following
conditions are present:
(1) The exception is the minimum necessary
to prevent a hardship. A hardship must
be created by at least one of the
following:
a. Lot size, shape, topography or sep-
tic system placement which prevents
a dwelling from reasonably being lo-
cated on the property other than
within the required minimum set-
back from the high water line or
mark along the stream or lake; or
b. A greater impact on the existing
vegetation will occur if the
exception is not granted; or
C. Existing development legally
occurred on the subject lot or both
adjoining lots closer than the
required minimum setback from the
high water line or mark along the
stream or lake; and
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VU 52 ? -E 535
(2) The exception will not have an adverse
impact on the surrounding area, taking
into consideration views from the river
or lake, views from surrounding pro-
perties, the existing character of the
area, flood or erosion hazards and other
related factors; and
(3) The development protects and enhances
the vegetative fringe between the devel-
opment and the river or lake to the
degree necessary to meet the require-
ments set forth in the applicable goals
and policies of the Comprehensive Plan;
and
(4) A conservation easement, which provides
that the elements of the site plan will
be carried out and maintained, as ap-
proved, in perpetuity, for the area
between the high water line or mark and
the structure, has been conveyed to the
County.
Section 2. This Ordinance being necessary for the immediate
preservation of public peace, health and safety, an emergency is
declared to exist, and this Ordinance takes effect on its
passage.
DATED this ,D/„� day of r 1984.
E BOARD OF COUNTY COMMISSIONERS
OF DESCH T S COUNTY, OREGON
ALB A. JYWN , , �eirm %
ATTEST: ",L0 BRISTOw PRAN E, Commissioner
2q IM 4
ecording Secretary �- L-AURElfC2 T TTLE, oommissioner
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