Uses permitted conditionally shall be those identified as conditional uses in the underlying zone(s) with which the SMIA Zone is combined and shall be subject to all conditions of the underlying zone(s) as well as the conditions of the SMIA Zone. HISTORY Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 90-014 §5 on 7/12/1990 18.56.060 Dimensional Standards In the SMIA Zone, the lot area shall be that prescribed in the underlying zone. HISTORY Adopted by Ord. PL-15 on 11/1/1979
Amended by Ord. 90-014 §5 on 7/12/1990 Amended by Ord. 2025-002 §11 on 3/28/2025 18.56.070 Setbacks A. General/Discretionary Standards:
The setbacks shall be the same as those prescribed in the underlying zone, except as follows: 1. No noise-sensitive or dust-sensitive use or building 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 DCC 18.56.140; 2. No noise-sensitive or dust-sensitive use or structure established or constructed after the designation of the SMIA Zone shall be located within one-quarter mile of any existing or proposed surface mining processing or storage site, unless the applicant demonstrates that the proposed use will not prevent the adjacent surface mining operation from meeting the setbacks, standards, and conditions set forth in DCC 18.52.090, 18.52.110, and 18.52.140, respectively; 3.Additional setbacks in the SMIA Zone may be required by the Planning Director or Hearings Body as part of the site plan review under DCC 18.56.100; and 4. An exception to the 250-foot setback in DCC 18.56.070(A), 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. The agreement shall be submitted at the time of site plan review or site plan modification. Upon approval, the agreement shall be notarized and recorded in the Deschutes County Official Records and shall run with the land. B. Clear and Objective Standards pursuant to DCC 22.08.040: The setbacks shall be the same as those prescribed in the underlying zone, except as follows: 1. No dwellings shall be approved after the designation of the SMIA Zone within 250 feet of any surface mining zone, except as provided in DCC 18.56.140; and 2.No dwellings shall be approved after the designation of the SMIA Zone within one- quarter mile of any existing or proposed surface mining processing or storage site unless the site is a preexisting or nonconforming site as defined in DCC 18.52.160.
HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 90-014 §5 on 7/12/1990
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