Chapter 16.23
ENVIRONMENTAL HAZARDS OVERLAY ZONE
Sections:
16.23.010 Purpose.
16.23.020 Definitions.
16.23.030 Application of overlay zone.
16.23.040 Permit requirements and procedures.
16.23.050 Relationship to underlying zone.
16.23.060 Permit review criteria.
16.23.070 Conditions.
16.23.080 Disclaimer of liability.
16.23.010 Purpose.
The purpose of the environmental hazards overlay zone is to protect the public health, safety, and environment by regulating future land development and uses of land on or adjacent to potentially hazardous disposal sites. [Ord. 863 § 5, 1990. UZ Ord. § 23.01.]
16.23.020 Definitions.
A. “DEQ” means the Oregon Department of Environmental Quality.
B. “Environmental hazard notice” means a document prepared by the DEQ and issued by the Environmental Quality Commission containing:
1. The legal description of the lot where the potentially hazardous site is located.
2. A specific description of the site, if different than the legal description of subsection (B)(1) of this section, for which the notice applies.
3. A general map of the area where the site is located.
4. A description of the types of waste and levels of contamination identified or known to be present at the site.
5. The DEQ-recommended use restrictions that apply to the site.
6. Findings which support the decision to issue an environmental hazard notice for the site.
C. “Potentially hazardous disposal site” means a site where an alteration could create a condition which is hazardous to the health, safety or welfare of the public.
D. “Site” means a land disposal site, a hazardous waste disposal site, a disposal site containing radioactive waste, or an area where a hazardous substance has been released. [Ord. 863 § 5, 1990. UZ Ord. § 23.02.]
16.23.030 Application of overlay zone.
A. The environmental hazards overlay zone shall be applied, or amended to increase or decrease the area of the zone, in accordance with the zone change procedures provided in Chapters 16.38 and 16.39 MCC. In lieu of the criteria for zone changes in MCC 16.38.050 and 16.39.050, the criteria for applying the environmental hazards overlay zone to a specific lot, or portion thereof, shall be as follows:
1. The county has received a new or modified environmental hazard notice from the DEQ, or the county finds that the lot includes a potentially hazardous disposal site.
2. The area of the proposed environmental hazards overlay zone is the minimum necessary to protect the public health, safety, and environment but is not smaller than the site identified in the environmental hazard notice.
3. The zone will minimize development activities and regulate existing or proposed uses which could otherwise increase public or environmental exposure to the potential environmental hazard.
B. In lieu of the criteria for zone changes in Chapter 16.38 or 16.39 MCC, removal of a site or a portion thereof from the environmental hazards overlay zone shall be based on a finding that a notification sent to the county by the DEQ indicates that the environmental hazard notice for the subject site or portion thereof has been withdrawn, or where no environmental hazard notice has been provided to the county, the criterion in subsection (A)(1) of this section no longer applies.
C. Notification shall be provided to the Director of the DEQ not less than 21 days before the final date for submission of information regarding the proposed adoption, amendment or removal of the environmental hazards overlay zone. If no DEQ comments are received before the final action is taken, the DEQ shall be deemed to have no comment on this action.
D. The ordinance applying the environmental hazards overlay zone to a site, or a conditional use issued concurrently with the zone change, shall include conditions or limitations pursuant to MCC 16.23.070 necessary to ensure that existing uses are consistent with the criteria in MCC 16.23.060. [Ord. 863 § 5, 1990. UZ Ord. § 23.03.]
16.23.040 Permit requirements and procedures.
A. Notwithstanding the nonconforming use provisions in Chapter 16.48 MCC, any new use or activity or modification to an existing use or activity in the environmental hazards overlay zone shall require a conditional use permit unless the zoning administrator determines in writing that the use is consistent with the use restrictions in the environmental hazard notice or any other conditions or limitations imposed by the county in applying the environmental hazards overlay zone. Conditions shall be imposed pursuant to MCC 16.23.070 in approving a conditional use permit.
B. A conditional use permit may be issued to cover more than one use or activity.
C. In addition to information generally required for conditional use permit applications, the applicant shall include any special studies needed to address the applicable review criteria.
D. The Director of DEQ shall be notified by certified mail of the receipt of a permit application in the environmental hazards overlay zone not less than 21 days before the final date for submission of information. This notification to the DEQ shall include a description of the use, the proposed location of the use, and the name of the local government contact person. If no DEQ comments are received before final action is taken, the DEQ shall be deemed to have no comment on the application.
E. The planning division shall provide written notification to all owners/occupants of property within the notification area and to all other persons requesting such notice in writing, as provided for conditional use permits. If the zoning administrator determines that other properties may be affected, notice to owners of these properties may also be provided.
F. In addition to the above procedures, applications shall be processed in accordance with the procedures in Chapters 16.35 through 16.47 MCC. [Ord. 863 § 5, 1990. UZ Ord. § 23.04.]
16.23.050 Relationship to underlying zone.
All uses and activities allowed in the environmental hazards overlay zone shall be the same as those allowed in the underlying zones except as otherwise limited or prohibited by this chapter. Where the provisions of an underlying zone conflict with those of the environmental hazards overlay zone, the more restrictive provisions shall apply. [Ord. 863 § 5, 1990. UZ Ord. § 23.05.]
16.23.060 Permit review criteria.
In lieu of the criteria in Chapter 16.40 MCC for conditional uses, the following review criteria shall be satisfied. Approval of a conditional use permit required by the environmental hazards overlay zone:
A. Will not cause or create any conditions which, if not controlled, would likely result in the failure of the final cover, liners or any other components of the site’s containment and monitoring system; and
B. Will not significantly increase the potential hazard to human health, safety, or the environment, or is necessary to reduce the overall threat to human health or the environment; and
C. The use has been modified to the extent necessary to address any concerns raised by the DEQ pursuant to the notice provided to the DEQ under MCC 16.23.040; and
D. The use is consistent with the restrictions in the DEQ environmental hazard notice. [Ord. 863 § 5, 1990. UZ Ord. § 23.06.]
16.23.070 Conditions.
In applying the environmental hazards overlay zone or approving a conditional use permit in the environmental hazards overlay zone, conditions shall be imposed requiring compliance with the use restrictions in the DEQ environmental hazard notice. Additional conditions may be imposed if deemed reasonable and appropriate for protecting public health, safety, and the environment. These conditions may be based upon, but are not limited to:
A. The findings or recommendations of any special studies pertaining to the property.
B. Comments or recommendations provided by the DEQ under MCC 16.23.040.
C. Comments or recommendations submitted by the public or other governmental agencies.
D. The review criteria contained in MCC 16.23.060. [Ord. 863 § 5, 1990. UZ Ord. § 23.07.]
16.23.080 Disclaimer of liability.
The degree of protection required by this chapter is considered reasonable for land use purposes. Risks to public health, safety, and the environment may result due to unanticipated human-caused or natural events which may disturb or affect the integrity of the site. Marion County does not regulate the maintenance or operation of hazardous activities or sites.
This chapter does not imply that uses or activities allowed on property in the environmental hazards overlay zone will be free from risk or hazard. Similarly, this chapter does not imply that there are no other potentially hazardous sites outside the area covered by the environmental hazards overlay zone.
No person shall rely on the environmental hazards overlay zone or any other decision lawfully made thereunder by the county or its employees to determine any use or activity allowed on the property is safe or free from risk or hazard. [Ord. 863 § 5, 1990. UZ Ord. § 23.08.]