20D.55.30 Setback Requirements.

(1)    Hazardous Liquid Pipeline Corridor. No significant land disturbance or construction or expansion of structures are allowed within the hazardous liquid pipeline corridor.

(2)    Areas Along the Hazardous Liquid Pipeline Corridor.

(a)    Construction or expansion of structures or other activities involving significant land disturbance shall be setback a minimum of 25 feet from the edge of the hazardous liquid pipeline corridor.

(b)    The Code Administrator may measure the setback from a hazardous liquid pipeline when measurement from the corridor is not appropriate due to site-specific conditions, such as an open easement.

(c)    The Code Administrator may expand the setback when necessary to meet the purpose of this section due to site-specific conditions, such as extraordinary land disturbance.

(d)    The Code Administrator may reduce the setback due to site-specific conditions and an applicant’s demonstration that the purpose of this section will be met. Factors that may be considered include but are not limited to:

(i)    Pipeline location as determined using normal locating procedures.

(ii)    Type of construction proposed.

(e)    If the Code Administrator reduces the setback or measures it from a hazardous liquid pipeline, the following applies:

(i)    The setback shall be a minimum of 30 feet from the nearest hazardous liquid pipeline and shall comply with subsection (1) of this section.

(ii)    The setback shall be measured from the nearest edge of the hazardous liquid pipeline.

(iii)    Applicants shall show the location of the hazardous liquid pipeline and setback on site plans and subdivision plats.

(3)    Exemptions. Streets, utilities, trails and similar uses shall be exempt from subsections (1) and (2) of this section.

(4)    Setback Protection. Setbacks shall be identified and protected during construction by placement of a temporary barricade and on-site notices. Barricades and on-site notices are subject to review by the Code Administrator.

(5)    Reasonable Use Provision.

(a)    The required setback from the hazardous liquid pipeline corridor shall not deny all reasonable economic use of property. If an applicant demonstrates to the satisfaction of the Hearing Examiner that strict application of the required setback would deny all reasonable economic use of the property, the setback may be lessened subject to appropriate conditions.

(b)    An applicant for relief from strict application of the required setback shall demonstrate the following:

(i)    No reasonable economic use of the applicant’s property can be made if the required setback is strictly applied; and

(ii)    The proposed setback is the minimum necessary to provide the applicant with a reasonable economic use of the property; and

(iii)    All reasonable mitigation measures have or will be implemented or assured; and

(iv)    The inability to derive any reasonable economic use is not the result of the applicant’s actions or those of the applicant’s predecessors in title; and

(v)    The pipeline location has been definitively determined.

(c)    As a condition of any relief granted under this section, the applicant shall be required to record an instrument against the title of the property notifying all subsequent purchasers of the fact that a lesser setback from the pipeline has been approved and of any and all conditions placed on the grant of relief. (Ord. 2137)