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.
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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.
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.
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)