Water-dependent industrial shorelands areas have unique characteristics that make them especially suited for water-dependent development. Characteristics that contribute to suitability for water-dependent development include:
A. 
Deep water close to shore with supporting land transportation facilities suitable for ship and barge facilities.
B. 
Potential for aquaculture.
C. 
Protected areas subject to scour which would require little dredging for use as marinas.
D. 
Potential for recreational utilization of coastal waters or riparian resources.
Uses of water-dependent industrial shorelands areas shall maintain the integrity of the estuary and coastal waters. Water-dependent uses receive highest priority, followed by water-related uses. Uses which are not water-dependent or water-related are provided for, but only when they do not foreclose options for future higher priority uses and do not limit the potential for more intensive uses of the area.
The following uses and activities and their accessory uses and activities are permitted in the I-2 zone if the Community Development Director determines that the uses conform to the standards in Section 16.64.040, applicable Development Code standards, and other City laws:
A. 
The following water-dependent industrial or port uses:
1. 
Industrial docks, piers, moorage facilities.
2. 
Marine cargo transfer facilities.
3. 
Seafood receiving and processing.
B. 
Navigation aids.
C. 
Repair and maintenance of existing structures or facilities.
D. 
Land falls and access corridors for submerged cable, sewer line, water line, or other pipeline crossing.
E. 
New dikes limited to those in conjunction with uses permitted in the I-2 zone.
F. 
Land transportation facilities and improvements.
G. 
Stormwater or wastewater outfall.
H. 
Shoreline stabilization.
I. 
Water-dependent portions of an aquaculture facility.
J. 
Public utility structures, on-shore pipelines, cables and utility crossings.
K. 
Marine research and education facility.
L. 
Community garden(s) (see definitions).
M. 
Similar uses as those listed in this section.
(Ord. 1186-A § 6, 2014)
The following uses and activities and their accessory uses and activities may be permitted in the I-2 zone when approved under Chapter 16.220, Conditional Use Permits. These uses are also subject to the provisions of Section 16.64.040, Development Standards.
A. 
Temporary uses, subject to the standards in Section 16.64.040, involving an existing structure; a removable structure (such as a trailer); or involving minimal capital investment.
B. 
Beach nourishment at sites designated in this plan.
C. 
Mitigation, restoration, creation and enhancement.
D. 
Dredged material disposal.
E. 
Water-related uses subject to the standards in Section 16.64.040.
F. 
Water-dependent commercial uses.
G. 
Passive restoration measures.
H. 
Excavation to create new water surface area.
I. 
Public access improvement projects, as specified in public access plans.
J. 
The following water-dependent industrial or port uses:
1. 
Marine fuel storage and dispensing.
2. 
Forest products processing, storage and loading.
K. 
Communication facilities subject to the standards of Chapter 16.148.
L. 
Dormitory. A dormitory only for employees of one or more industrial water-dependent uses in the I-2 zoning district. The dormitory shall be on a lot which includes one or more benefitting industrial water-dependent uses. The dormitory shall be discontinued if either the ownership changes so that the lot on which the dormitory is located is no longer controlled by the owner of one or more of the benefitting industrial water-dependent uses, or the benefiting industrial water dependent use on the same lot as the dormitory ceases to operate. The dormitory may house workers of other industrial water-dependent uses if in the same ownership as the lot on which dormitory is located.
M. 
Similar uses as those listed in this section.
(Ord. 1223 § 3, 2019)
The following standards are applicable in the I-2 zone:
A. 
All uses shall satisfy applicable Columbia River Estuary Shoreland and Aquatic Area Development Standards in Chapter 16.160.
B. 
When a proposal includes several uses, they shall be reviewed in aggregate under the more stringent procedure.
C. 
Uses and activities that are not water-dependent shall not preclude or conflict with existing or probable future water-dependent use on the site or in the vicinity.
D. 
Water-dependent recreation shall be located so as not to interfere with water-dependent marine industrial uses of the area.
E. 
All uses must meet applicable State and Federal air quality and noise laws or regulations.
F. 
Storage. All materials, including wastes, shall be stored and maintained in a manner that will not attract or aid the propagation of insects or rodents or other animals or birds, or otherwise create a health hazard or nuisance.
G. 
Fencing. Will be allowed inside a boundary planting screen and where it is necessary to protect property of the use concerned, or to protect the public from a dangerous condition, with the following provisions:
1. 
No fence shall be constructed in the required setback from the public road right-of-way, unless otherwise specifically approved by the Planning Commission.
2. 
Fences shall be aesthetically compatible with the surrounding property.
H. 
Buffer. No requirement except where adjoining a residential zone in which case there shall be a visual buffer strip at least 10 feet wide to provide a dense evergreen landscape buffer which attains a mature height of at least eight feet.
I. 
Lighting. Exterior lighting shall be directed away from zones other than I-1 or I-2, unless otherwise approved.
J. 
Density. The minimum lot area shall be one acre.
K. 
Setback Requirements. No minimum setback required except where adjoining a residential zone. The following minimum setbacks are required when abutting a residential zone:
1. 
50 feet for buildings and other structures more than 10 feet in height;
2. 
30 feet for buildings and structures more than six feet high but not more than 10 feet high; and
3. 
10 feet for structures no more than six feet high.
L. 
Height. There is no height limitation except:
1. 
Within 100 feet of a zone other than I-1 or I-2, in which case the maximum height shall be the same height as the abutting district; or
2. 
Within the Airport Hazard Overlay Zone, in which case the maximum height shall be governed by the Airport Hazard Overlay Zone height restrictions.
M. 
Vibration. No vibration other than that caused by highway vehicles, trains, and aircraft shall be permitted which is discernible without instruments at the property line of the use concerned.
N. 
Heat and Glare. Except for exterior lighting, operations producing heat or glare shall be conducted entirely within an enclosed building.
O. 
Industrial activities may be carried on either outside or inside enclosed structures, but the impact of such activities on surrounding properties shall be minimized by taking into consideration screening and other possibilities for buffering.
P. 
Other Standards. All other standards, including those pertaining to signs, off-street parking and loading requirements, shall apply as set forth in Chapters 16.128 and 16.144.
Q. 
Proposals for development in the area covered by the 1981 Mediation Panel Agreement must meet the requirements of the Agreement.
R. 
Uses that are water-dependent must meet the criteria in Section 16.160.080. Uses that are water-related must meet the criteria in Section 16.160.080.
S. 
Uses and activities permitted under Section 16.64.020 of this chapter are subject to the public notice provisions of Section 16.208.040 if an impact assessment is required pursuant to Chapter 16.160, or if the Planning Director determines that the permit decision will require interpretation or the exercise of factual, policy or legal judgment.
T. 
All developments shall comply with the wetland and riparian area protection standards of Chapter 16.156.
U. 
Standards for Approval of a Temporary Use. Temporary non-water-dependent uses that involve minimal capital investment and no permanent structures may be allowed. The intent of allowing such uses is to avoid posing a significant economic obstacle to attracting water-dependent uses. Tools for implementing this approach include "vacate" clauses in leases on public lands, as well as requiring "vacate" clauses for land use approvals involving leasing of private lands.
V. 
Standards for Approval of Non-Water-Dependent Uses.
1. 
Non-water-dependent uses shall be constructed at the same time as or after the water-dependent use of the site is established, and must be carried out together with the water-dependent use.
2. 
The ratio of the square footage of ground-level indoor floor space plus outdoor acreage distributed between the non-water-dependent uses and the water-dependent uses at the site shall not exceed one to three (non-water-dependent to water-dependent).
3. 
Such non-water-dependent uses shall not interfere with the conduct of the water-dependent use.
W. 
All new sewer and water connections for a proposed development shall comply with all City regulations.
Subject to the provisions of Chapter 16.220, except Section 16.220.030, findings shall be made that the use will comply with the following standards:
A. 
The use meets the I-2 Development Standards in Section 16.64.040.
B. 
The use provides for bus transportation to the work place for residents.
C. 
The use provides for a Dormitory Management and Operations Plan, including a plan for removing terminated employees no longer allowed to reside in the dormitory.
D. 
The applicant for the proposed use has entered into a Good Neighbor Agreement with the City and shall use its best efforts to enter into the same agreement with the adjacent residential neighbors.
E. 
The use has appropriate on-site physical improvements, including fencing on the perimeter of the lot adjacent to a residential neighborhood.
(Ord. 1223 § 3, 2019)
Two years after final approval of the conditional use permit granted under this section, the City Commission may, in its discretion, request a report from the Community Development Director in a public meeting analyzing the permittee's adherence to the conditions of approval in the conditional use permit. If the report demonstrates substantial issues with compliance with the conditions of approval, the City Commission may hold a public hearing subject to the notice provisions in Section 16.208.050 where it may consider the report and determine remedies including, but not limited to, additional conditions of approval.
(Ord. 1223 § 3, 2019)