The purpose of the Aquatic Conservation Zone is to conserve
designated areas for long-term uses of renewable resources that do
not require major alterations of the estuary, except for the purpose
of restoration. They are managed for the protection and conservation
of the resources found in these areas. The Aquatic Conservation Zone
includes areas needed for the maintenance and enhancement of biological
productivity, recreational resources, aesthetic features and aquaculture.
The Aquatic Conservation Zone includes areas that are smaller or of
less biological importance than aquatic natural areas. Areas that
are partially altered and adjacent to existing moderate intensity
development which do not possess the resource characteristics of other
aquatic areas are also included in this zone.
The following uses and activities and their accessory uses and activities are permitted in the A-2 zone if the Community Development Director determines that the uses conform to the standards in Section
16.76.040, applicable Development Code standards, and other City laws:
B. Projects
for the protection of habitat, nutrient, fish, wildlife and aesthetic
resources.
D. Boat
ramps for public use where no dredge or fill is needed for navigational
access.
E. Maintenance
and repair of existing structures or facilities.
F. Bridge
crossing support structures and dredging necessary for their installation
and maintenance.
G. Beach
nourishment at sites designated in the Comprehensive Plan.
H. Active
restoration of fish habitat, wildlife habitat, or water quality.
I. Filling in conjunction with any of the permitted uses, pursuant to the applicable standards in Section
16.160.060.
J. Tidegate
installation and maintenance in existing functional dikes.
K. Dredging
to obtain fill material for dike maintenance pursuant to the dike
maintenance dredging standards.
M. Pipelines,
cables, and utility crossings.
N. Water-dependent
parts of an aquaculture facility which do not involve dredge or fill
or other estuarine alterations other than incidental dredging for
harvest of benthic species or removable in-water structures such as
stakes or racks.
O. Dredging in conjunction with any of the permitted uses, pursuant to the applicable standards in Section
16.160.040.
P. Undeveloped
low intensity water-dependent recreation.
Q. Research
and educational observation.
R. Piling
in conjunction with any of the permitted uses.
T. Bridge
Crossing. Temporary encroachments in the floodway for the purposes
of bridge construction and repair:
1. This use shall comply with Chapter
16.88 (Flood Hazard Overlay (FHO) District) prior to issuance of any permits.
2. The
temporary permit shall state the number of days the structure or other
development will be on the site. If a longer period is required, a
new permit shall be issued.
3. A
flood warning system for the project should be in place to allow equipment
to be evacuated from the site and placed outside the floodplain.
4. Placement
of equipment in the floodway should be restricted to only equipment
which is absolutely necessary for the purposes of the project. All
other accessory equipment and temporary structures (i.e., construction
trailers) should be restricted from the floodway. Structures should
be placed on site so that flood damages are minimized. Anchoring the
construction trailers in case evacuation is not practical.
V. Similar
uses to those listed in this section.
The following uses and activities and their accessory uses and activities may be permitted in the A-2 zone when approved under Chapter
16.220, Conditional Use Permits. The uses and activities are also subject to the provisions of Section
16.76.040, Development Standards. They are also subject to a resource capability determination (Section
16.164.050) and impact assessment (Section
16.164.010).
A. High-intensity
water-dependent recreation including boat ramps, marinas, and individual
docks.
B. Aquaculture
and water-dependent portions of aquaculture facilities.
C. Active
restoration for purposes other than protection of habitat, nutrient,
fish, wildlife and aesthetic resources.
E. Filling in conjunction with listed conditional uses, pursuant to the applicable standards in Section
16.160.060.
F. Minor
navigational improvement.
G. Mining
and mineral extraction.
H. Dredging in conjunction with any of the listed conditional uses pursuant to the applicable standards in Section
16.160.040.
I. Low-intensity
water-dependent commercial or industrial uses requiring occupation
of water-surface area by means other than fill.
K. Communication facilities subject to the standards of Chapter
16.148.
L. Piling
in conjunction with any of the listed conditional uses.
M. Similar
uses to those listed in this section.
The following standards are applicable in the A-2 zone:
A. All uses shall satisfy applicable Columbia River Estuary Shoreland and Aquatic Area Development Standards in Chapter
16.160.
B. A proposal
involving several uses shall be reviewed in aggregate under the more
stringent procedure.
C. All
applicable policies in the City's Comprehensive Plan and goal exceptions
shall be met.
D. A proposal which requires new dredging, fill, in-water structures, riprap, new log storage areas, water intake, in-water disposal of dredged material, beach nourishment, or other activities which could affect the estuary's physical processes or biological resources is subject to an impact assessment (Section
16.164.010).
E. All
other applicable Development Code requirements shall also be satisfied.
F. The
maximum height of structures in the A-2 zone shall be 45 feet above
MLLW.
G. Uses
that are not water-dependent shall be located on a floating structure
or on pilings, and shall not increase the need for fill if in association
with a water-dependent use located on fill.
H. Uses
that are not water-dependent shall not preclude or conflict with existing
or probable future water-dependent development on the site or in the
vicinity.
I. Uses that are water-dependent and/or water-related must meet the criteria in Section
16.160.080.
J. Uses and activities permitted under Section
16.76.020 of this chapter are subject to the public notice provisions of Section
16.208.040 if an impact assessment is required pursuant to Sections
16.164.010 through
16.164.050, or if a determination of consistency with the purpose of the A-2 zone is required pursuant to Section
16.164.020, or if the Community Development Director determines that the permit decision will require interpretation or the exercise of factual, policy or legal judgment.
K. All
new sewer and water connections for a proposed development shall comply
with all City regulations.