Item 7: Ordinances on Goal 5 Natrual 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 stormwater 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-amJ EXGesticmsl. (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)UU" (b) or (cl. (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 proGessing an eJWeption request under sooseGtion (h) of this seGtion, the pkmnillg direGtor shall refer the matter to, and Gonsult with the Gity manager to determine v.wether to offer Gompensation to the appliGant in lieu of the requested oxGeption. (b) As part of a Type III appliGation proGedure, the Gity may 3pprove an eXGeption to the provisions of EC 9.4930 and 9.4980 hased on Gonsisten&y "lith all of the following Griteria: 1. The appliGant has Gompleted the proGess for seeking under suhseGtion (1) the maximum possible adjustment of the provisions of EC 9.4920; 2. The appliGant has shown that the provisions of EC 9.4930 and 9.4980, Gonsidering any adjustments 3f3proved 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 reduGing the fair market V3lue of the subjeGt parGel and do not Gonstitute an exempt regul3tion under seGtion 3 of Oregon Laws Chapter 1, 2006; 3. The eXGeption allowed is the minimum neGes8ary to restore the f3ir market value of the property to the V3we it would have without the /WR W-ater RosourGes Conservation Overby Zone. (G) "Sunset" Provision. "Ballot Measure 37 (2004) is voided hy GOM aGtion or resGinded hy legislative aGtion, no new eXGeption shall he allowed under this sooseGtion (2).J 9.4960 /WR Water Resources Conservation Overlav Zone - MaD 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