b.The subject lot or parcel was a lot of record prior to the adoption of this ordinance; or c. Dwelling units (including decks) on both lots or parcels abutting the subject lot or parcel are within 50 feet of the rimrock and the buildings on the abutting lots or parcels are within 100 feet of the lot lines of the subject property; or d. Adherence to the 50-foot setback would prevent the structure from being sited on the lot or parcel. 2.A dwelling unit qualifying for a rimrock setback exception under the criteria set forth in the above shall be located as follows: a.The structure shall be designed and sited to minimize the visual impact when viewed from the ordinary high water mark on the far side of the river or stream. This shall be determined by viewing the property from the ordinary high water mark immediately across from the center of the river frontage on which the structure is proposed with like evaluations being made 300 feet upstream and downstream on either side of that point over the entire length of river frontage on which the structure is proposed. b.Existing trees and shrubs which reduce the visibility of the proposed structure shall be retained. c.The height of the structure shall not exceed the setback from the edge of the rimrock, except as described in the exception section (f), below. d. No structure (including decks) shall be located closer than 20 feet from the edge of the rimrock unless the Planning Director or Hearings Body finds that the lesser setback will make the structure less visible or the structure is completely screened from the river or stream except as described in the exception section (f), below. e.Where multiple nonagricultural structures are proposed on a lot or parcel, the structures shall be grouped or clustered so as to maintain a general appearance of open landscape for the affected area. This shall require a maintenance of at least 65 percent open space along rimrocks within subject lots or parcels. f. Exception: For vacant lots or parcels less than one-half acre, existing prior to the adoption of Ordinance 92.034, with undulating rimrock, and where there are lawfully established dwelling units within 100 feet of the abutting lot lines on the subject property on both of the abutting lots or parcels with rimrock setbacks less than the depth required in section (d) above, the dwelling unit setback shall meet the following criteria: (1) The setback shall be the average distance between the dwelling units on each abutting lot or parcel, as measured from each subject lot or parcel’s front lot line to the furthest point of the dwelling unit facing the river or stream. (2)The height of the structure shall not exceed the height of the tallest dwelling unit on an abutting lot or parcel and in no case shall exceed 24 feet, except for chimneys. (3) The highest ridgeline shall slope up and away from, and run parallel with, the river or stream. (4) Dormers are prohibited on the riverside or streamside of the dwelling unit and are allowed on the street-side of the dwelling unit with the height not
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