The purpose of the Coastal Lake and Freshwater Wetland Zone
is to assure the conservation of important shoreland and wetland biological
habitats and conserve examples of different natural ecosystem types
in the Clatsop Plains to assure a diversity of species and ecological
relations. Low intensity uses which do not result in major alterations
are appropriate in this zone. Low to moderate intensity recreation
is appropriate in coastal lakes. This zone includes coastal lakes,
significant non-estuarine freshwater marshes and important upland
biological habitat.
The A-5 zone shall be designated on the City of Warrenton Comprehensive
Plan/Zone Map, and shall conform to the 1" = 400' photo-contour maps
entitled Significant Shoreland and Wetland Biological Habitats on file at the City of Warrenton and hereby adopted by reference.
The following uses and their accessory uses are permitted in the A-5 zone if the Community Development Director determines that the uses conform to the standards in Section
16.84.050, applicable Development Code standards, and other City laws:
A. Low
intensity recreation.
C. Vegetative
shoreline stabilization.
D. Bridges
and Access Roads. 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.
E. Individual
docks limited to 500 square feet for recreational or fishing use and
necessary piling.
F. Submerged
cable, sewer line, water line or other pipeline.
G. Maintenance
and repair of existing structures.
H. Developed
hiking or bicycle trails.
I. In
the Marine Commercial Shorelands Zone (C-2), the Recreation-Commercial
Zone (R-C), and in the Water-Dependent Industrial Shorelands Zone
(I-2), non-water-dependent uses that are in conjunction with and incidental
and subordinate to water-dependent uses on the site may be approved
subject to the following standards:
1. Such
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.
J. In
the Marine Commercial Shorelands Zone (C-2), the Recreation-Commercial
Zone (R-C), and in the Water-Dependent Industrial Shorelands Zone
(I-2), temporary non-water-dependent uses that involve minimal capital
investment and no permanent structures subject to this standard. 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.
K. Similar
uses as those listed in this section.
The following uses and activities and their accessory uses and activities may be permitted in the A-5 zone when approved under Chapter
16.220, Conditional Use Permits. These uses and activities are also subject to the provisions of Section
16.84.050, Development Standards.
B. Structural
shoreline stabilization limited to riprap.
D. Similar
uses as those listed in this section.
The following standards are applicable in the A-5 zone:
A. All
uses shall satisfy applicable aquatic and shoreland standards in this
chapter. When applied to lands in the Marine Commercial Shorelands
Zone, Recreation Commercial Zone, or the Water-Dependent Industrial
Shorelands Zone, the following definitions apply:
"Access"
means physical contact with or use of the water.
"Requires"
means the use either by its intrinsic nature (e.g., fishing,
navigation, boat moorage) or at the current level of technology cannot
exist without water access.
"Water-borne transportation"
means uses of water access:
a.
Which are themselves transportation (e.g., navigation);
b.
Which require the receipt of shipment of goods by water; or
c.
Which are necessary to support water-borne transportation (e.g.
moorage fueling, servicing of watercraft, ships, boats, etc. terminal
and transfer facilities).
"Recreation"
means water access for fishing, swimming, boating, etc. Recreational
uses are water-dependent only if use of the water is an integral part
of the activity.
"Energy production"
means uses which need quantities of water to produce energy
directly (e.g., hydroelectric facilities, ocean thermal energy conversion).
"Sources of water"
means facilities for the appropriation of quantities of water
for cooling processing or other integral functions.
B.
Typical examples of water-dependent
uses include the following:
1. Industrial.
Manufacturing to include boat building and repair; water-borne transportation,
terminals, and support; energy production which needs quantities of
water to produce energy directly; water intake structures for facilities
needing quantities of water for cooling, processing, or other integral
functions.
2. Commercial.
Commercial fishing marinas and support; fish processing and sales;
boat sales, rentals, and supplies.
3. Recreational.
Recreational marinas, boat ramps, and support.
5. Certain
scientific and educational activities which, by their nature, require
access to coastal waters-estuarine research activities and equipment
mooring and support.
C. Examples
of uses that are not "water-dependent uses" include restaurants, hotels,
motels, bed and breakfasts, residences, parking lots not associated
with water-dependent uses, and boardwalks.
D. Uses that are not water-dependent or water-related shall be set back to the extent of riparian vegetation identified in the Comprehensive Plan and in accordance with the wetland and riparian area protection area standards of Chapter
16.156.
E. At
such time that a development is proposed in the vicinity of an area
designated freshwater wetland, the City may require a site investigation
to determine the exact location of the zone boundary. The site investigation
shall be performed by a qualified consultant or by a biologist from
a state or federal resource management agency.
F. Development
in this zone is subject to permit approval by the U.S. Army Corps
of Engineers and by the Oregon Division of State Lands.
G. All
other applicable Code requirements shall be met.
H. All
new sewer and water connections for a proposed development shall comply
with all City regulations.