Item B: Ordinance Concerning Goal 5 Natural Resources Study

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NO.1 10/18/05 city shall have the authority to require conveyance of a maintenance access easement for any natural or human made storm water facility as a condition of approval for a land use permit. Maintenance access easements shall be parallel to the stream or channel and shall be of sufficient width to allow a maintenance access road along one side of the stream or channel that is up to 20 feet wide. 9.4950 /WR Water Resources Conservation Overlav Zone - Adiustmentsf-and EXGefJtionsl. (1) [Adjustment.] Adjustments to the provisions of EC 9.4920 may be made subject to compliance with the criteria for adjustment in EC 9.8030(21){g1 (b) or (c). (2) Adiustments to the Drovisions of EC 9.4930 or 9.4980 mav be made subiect to comDliance with the criteria for adiustment in EC 9.8030(21)(dl. [(2) EXGeption. (a) Prior to proGossing an eXGeption request under subseGtion (b) of this seGtion, the planning direGtor shall refer the matter to, and Gonsult with the Gity manager to determine "mether to offer Gompensation to the appJiGant in lieu of the requested eXGeption. (b) As part of a Type IU appliGation proGedure, the Gity may approve an eXGeption to the provisions of ~C 9.4930 and 9.49BO based on GonsistenGY with all of the foJ/owing Griteria: 1. The appliGant has Gompleted the proGess for seeking under subseGtion (1) the maximum possible adjustment of the provisions of ~C 9.4920; 2. The appliGant has shawn that the provisions af EC 9.4930 and 9.49BO, Gansidering any adjustments approved under 1, are a restriGtion on use as that term is used in seGtion 1 of Oregon Laws Chapter 1,2005 and have the effeGt of r.eduGing the fair market value af the subjeGt parGel and 00 nat Ganstitute an exempt regulation under seGtian 3 of Oregon LaVIS Chapter 1, 2005; 3. The eXGeption al/ov:ed is the minimum neGessary to restore the fair market value of the property to the value it would have without the IWR Water ResourGes Consen<atian Overl3y Zone. (G) "Sunset" Provision. If Ballat Measure 37 (2004) is vaided by Gourt aGtion ar resGinded by legisl3tive aGtian, no new oxGeption shal/ be alJawed under this subseGtion (2).J 9.4960 /WR Water Resources Conservation o verla v Zone - Map or Zone Error. The provisions of this section apply in the case of an alleged error in the mapping of a Goal 5 resource site on the Goal 5 Water Resources Conservation Plan Map and/or in the case of an alleged error in the application of the /WR Water Resources Overlay Zone to a specific lot. With respect to alleged errors in the application of the overlay zone, the provisions of this section apply instead of the zone change procedures and criteria described at EC 9.8850 through 9.8865. This section provides the only basis for removal of the /WR Water Resources Overlay Zone or corrections to the Goal 5 Water Resources Conservation Plan Map. Ordinance - 13