3. Buildings on both lots or parcels abutting the subject lot or parcel have front setbacks of less than 100 feet and the abutting buildings are within 100 feet of the lot lines of the subject property, and the depth of the front setback area is not less than the average depth of the front setback areas of the abutting lots or parcels. 4. If the above findings are made, the Planning Director or Hearings Body may approve a less restrictive front setback which will be appropriate to carry out the purpose of the zone. C.River and Stream Setbacks. All new structures or additions to existing structures shall have a minimum setback of at least 100 feet from the ordinary high water line of designated streams and rivers or obtain a setback exception in accordance with DCC 18.120.030. For the purpose of DCC 18.84.090(C), decks are considered part of a structure and must conform with the setback requirement. The placement of onsite wastewater systems shall be subject to joint review by the Planning Director or Hearings Body and the Deschutes County Onsite Wastewater Division. The placement of such systems shall minimize the impact on the vegetation along the river or stream and shall allow a dwelling unit to be constructed on the site as far from the river, stream, or lake as possible. Sand filter or alternative treatment technology systems may be required as replacement systems when this will allow a dwelling unit to be set back further from the river or stream, or to meet the 100-foot setback requirement. D.Rimrock Setbacks. New structures (including decks or additions to existing structures) shall have a minimum setback of 50 feet from the rimrock in an LM Zone. An exception to this setback may be granted pursuant to the provisions of DCC 18.84.090(E). E.Rimrock Setback Exceptions. An exception to the 50-foot rimrock setback may be granted by the Planning Director or Hearings Body, subject to the following standards and criteria. 1. An exception shall be granted when the Planning Director or Hearings Body finds one of the following is met: a. A lesser setback will make the structure less visible or completely screened from the river or stream; b.The subject lot or parcel was a lot of record prior to the adoption of this ordinance; 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 lot or parcel; 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 comply with all of the following standards: a.The structure shall be designed and sited to minimize the visual impact when viewed from the ordinary high water line on the far side of the river or stream. This shall be determined by viewing the lot or parcel from the ordinary high water line 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.
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