administratively without prior public notice; (2) with public notice of the Findings and Decision mailed consistent with DCC 18.56.100(E), to all persons entitled to receive notice; and (3) with an appeal period and procedures as set forth in DCC Title 22, the Uniform Development Procedures Ordinance. Appellants may submit evidence to overcome the presumption set forth in DCC 18.56.110(A).
HISTORY Adopted by Ord. PL-15 on 11/1/1979 Amended by Ord. 90-014 §5 on 7/12/1990 Amended by Ord. 90-035 §4 on 9/5/1990 Amended by Ord. 91-020 §1 on 5/29/1991 Amended by Ord. 2025-002 §11 on 3/28/2025 18.56.120 Waiver Of Remonstrance
The property owner for site plan approval in the SMIA Zone shall sign and record in the Deschutes County Official Records a statement declaring that the applicant and his successors will not now or in the future complain about the allowed surface mining activities on any surface mining site within one- half mile of the subject property. 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 18.56.130 Development Agreement And Performance Bond
As a condition of site plan approval, the property owner may be required to execute a development agreement with the County and performance bond or other form of security approved by the County to ensure full and faithful performance of any improvements required to meet the setbacks, standards, and conditions set forth above. Any bond shall be for 110 percent of the dollar amount of the improvement costs. 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 18.56.140 Exemptions The following shall be exempt from the provisions of DCC 18.56:
A. Uses in the SMIA Zone which are not within one-half mile of any identified resource in the SM Zone after all reclamation has occurred. B.Continuation and maintenance of a conforming or nonconforming use established prior to the effective date of Ordinance No. 90-014. C. The employment of land for farm or forest use. D. Additions to noise-sensitive or dust-sensitive uses or structures, which are completely screened from the surface mining site by the existing use or structure, if the use or structure was: 1. Existing on the effective date of Ordinance No. 90-014; or 2. Established or constructed in accordance with DCC Chapter 18.56.
HISTORY Adopted by Ord. PL-15 on 11/1/1979
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