(A) 
The purpose of the natural resources overlay is to protect the significant natural resources identified in the city's natural resources inventory and map. The natural resources overlay shall protect resources and functional values that have been identified by the city and state as providing benefits to the public. The natural resources overlay complies with the direction of the comprehensive plan and State Planning Goal 5.
(B) 
Natural resources overlay (NRO) is applicable to the resource sites and abutting properties identified in the natural resources inventory and map, the Goal 5 ESEE analysis and to future lands annexed into the city that are identified as or contain Goal 5 resources.
(C) 
The natural resources overlay shall encourage coordination between city, county, regional, state and federal agencies concerned with natural resources.
(D) 
Uses shall comply with requirements and regulations of all jurisdictional agencies including but not limited to Oregon Department of Fish and Wildlife, Oregon Department of Forestry, Division of State Lands and Clean Water Services.
(E) 
All significant natural resources shall be delineated and applicable protection setbacks and requirements shall be determined from Table A in the natural resource protection plan and implemented.
(F) 
All parcels newly annexed into the city containing Goal 5 natural resources shall receive a NRO designation over the entire parcel. A property owner may subsequently commission a certified wetland/natural resource inventory delineating protected resource boundaries and establishing a new NRO boundary and respective protective setback consistent with Table A (Natural Resource Protection Setbacks) in the city of Cornelius natural resource protection plan, and in conformance with Clean Water Services regulations.
(Ord. 837 §§ 1, 2, 2003; Code 2000 § 11.20.101; Ord. 2016-011 § 1 (Exh. A), 2016)
The following uses are permitted outright in the natural resources overlay:
(A) 
Resource enhancement and restoration activities.
(B) 
Land divisions per Chapter 17.05 CMC.
(C) 
Removal of nonnative or invasive vegetative species.
(D) 
Dedication of rights-of-way.
(E) 
Temporary emergency procedures necessary for the protection of property.
(F) 
Actions taken by the city to correct or abate a nuisance.
(G) 
Approved storm water discharge.
(H) 
Existing lawn within the riparian area may be maintained, but not expanded into the resource area.
(I) 
Existing utility lines.
(J) 
Existing legal nonconforming structures. Replacement of nonconforming structures shall comply with Chapter 18.135 CMC.
(Ord. 837 §§ 1, 2, 2003; Code 2000 § 11.20.102)
The following uses are permitted in the natural resources overlay, subject to a Type I design review approval, including compliance with other natural resource agencies:
(A) 
Repair, maintenance and replacement of existing utility lines.
(B) 
Fencing.
(C) 
Removal of a hazardous tree.
(D) 
Maintenance of streambank stabilization and flood control structures.
(E) 
ESEE Analysis Findings and Conclusion. The ESEE analysis findings and conclusions identified in the natural resource protection plan provide site specific exceptions to protection measures based on conflicting uses and mitigating consequences of implementation. The sites are specific to the 2002 Natural Resources Inventory and Map.
(Ord. 837 §§ 1, 2, 2003; Code 2000 § 11.20.103)
The following uses are permitted in the natural resources overlay, subject to approval of a conditional use permit, Chapter 18.105 CMC:
(A) 
Streets, roads, recreational trails and paths in the riparian area.
(B) 
Fill, grading and/or alteration of topography in the riparian area.
(C) 
New drainage facilities, utilities and pump stations.
(D) 
Water related recreational facilities.
(E) 
New construction or expansion of streambank stabilization and flood control structures.
(F) 
New development on property with significant natural resources per Chapter 18.110 CMC, Planned Unit Development (PUD) Conditional Use, and CMC § 18.95.060, Resource protection exception process.
(G) 
Resource protection exception process per CMC § 18.95.060.
(Ord. 837 §§ 1, 2, 2003; Code 2000 § 11.20.104)
(A) 
New development on significant natural resource sites and property, except as identified in CMC § 18.95.040.
(B) 
Removal of native trees and vegetation from resource areas.
(Ord. 878 § 1 (Exh. A), 2006; Code 2000 § 20.105)
When planned development can occur that provides for the protection of the resource and permitted use through increased densities, clustered development or the transfer of development rights, a plan shall be submitted and approved through the administrative review, Type II process. Any associated partition, subdivision or design review applications that are required with the planned development shall be processed as a Type III application and reviewed by the planning commission.
(A) 
New residential, commercial and industrial development or substantial redevelopment requests involving deviation of natural resource protection requirements shall be reviewed through the conditional use permit/planned unit development process.
(B) 
Transfer of development rights (TDR) may be applied for as a conditional use permit/planned unit development (PUD). Development rights shall only be transferred between residential zones within the city.
(C) 
Proportional Increase in Density on an Individual Parcel. Increased density requests shall provide for a development equal or better than required by the base zone.
(1) 
Residential PUD. If a parcel loses between 10 and 50 percent of its area to natural resource protection setbacks, then the developer may apply for a conditional use permit/planned unit development (PUD).
(a) 
Meet the required setback and develop to the existing development standards and lot sizes of the underlying zone; or
(b) 
Meet the required setback and decrease the minimum lot size by 10 to 50 percent. The reduction in lot size, at a maximum shall be equivalent to percentage of the site lost to the natural resource protection setback.
For example: R-7 zone – 5 acre site, loses 1 acre to natural resource protection setback = 20% loss. The applicant may propose a development with lots 20% smaller than the R-7 lot size or 6,534 x 0.80 = 5,227 square foot lot size; and
(c) 
If a parcel loses more than 50 percent of its area to natural resource protection setbacks, then the developer shall only decrease the minimum lot size by a maximum of 50 percent.
For example: R-7 zone – 5 acre site, loses 3 acres to natural resource protection setback = 60% loss. The applicant shall only be permitted a development with lots 50% smaller than the R-7 lot size or 6,534 x 0.50 = 3,267 square foot lot size.
(2) 
Commercial or Industrial PUD. Natural resource protection setbacks may be applied to meet private landscaping requirements. New development or substantial redevelopment of properties where natural resource protection setbacks are required may request approval of a conditional use permit (CUP) and/or a planned unit development (PUD) to permit a 1:1 ratio exchange for square footage of native landscaped protection setback area in lieu of required private on site landscaping.
For example: A proposed industrial development property has 350 feet of street frontage, which requires 5 feet of landscaped area along the frontage or 1,750 square feet of landscaping. The industrial lot also abuts a significant natural resource for 35 lineal feet and is required to provide a 50-foot setback, which equals 1,750 square feet of natural resource protection. The applicant would be able to request the use of the natural resource protection setback area in lieu of the required private landscaping requirement through the conditional use permit process.
(Ord. 878 § 1 (Exh. A), 2006; Code 2000 § 20.106)