The purpose of the conditional use process is to allow, when desirable, uses that would not be appropriate throughout a zoning district or without the restrictions in that district, but would be beneficial to the city if their number, area, location, design, and relation to the surrounding property are controlled.
(Ord. 24-05, 6/5/2024)
A. 
Uses designated in this chapter as conditional uses may be permitted, enlarged, or otherwise altered upon authorization by the planning commission, or denied by the planning commission. This will be done in accordance with the Type III procedural requirements in Article II, the comprehensive plan, standards for the district, standards in Chapters 17.60 through 17.84 and Chapters 17.104 through 17.116, additional zoning provisions, and other city ordinance requirements. The burden is upon the applicant to demonstrate that these requirements can be met.
B. 
In permitting a conditional use or the modification of an existing conditional use that involves a housing type (e.g., multifamily, manufactured dwelling park, manufactured dwelling subdivision), the planning commission may impose, in addition to those standards and requirements expressly specified for that use, other conditions which it considers necessary to protect the best interests of surrounding property or the city as a whole. These additional conditions are as follows:
1. 
Increasing the required lot size or dimensions;
2. 
Reducing the required height and size of buildings;
3. 
Controlling the location and number of vehicle access points;
4. 
Increasing the required off-street parking spaces;
5. 
Increasing the required street width;
6. 
Limiting the number, size, location and lighting of signs;
7. 
Requiring diking, fencing, screening, landscaping, berms, or other items to protect adjacent or nearby areas;
8. 
Designating sites for open space;
9. 
Specifying the types of materials to be used;
10. 
Specifying the time of year the activity may occur; and
11. 
Specifying the type of lighting to be used.
C. 
In permitting a conditional use, or the modification of a conditional use, other than a housing type, the planning commission may impose, in addition to those standards and requirements expressly specified for that use, other conditions, which are necessary to protect the adjacent property, an identified resource, or the city as a whole. Such conditions may include those set out in subsection (B)(1) through (11) of this section, but are not limited thereto.
(Ord. 24-05, 6/5/2024)
In the case of a use existing prior to its present classification by the ordinance codified in this chapter as a conditional use, any change in use or in lot area or any alteration of a structure shall conform with the requirements dealing with conditional uses.
(Ord. 24-05, 6/5/2024)
The planning commission may require that the applicant for a conditional use furnish to the city a performance bond up to, and not to exceed, the value of the cost of the required improvements in order to assure that the conditions imposed are completed in accordance with the plans and specifications as approved by the planning commission and that the standards established in granting the conditional use are observed.
(Ord. 24-05, 6/5/2024)
A property owner or their designated representative may initiate a request for a conditional use or the modification of any existing conditional use by filing an application with the city using forms prescribed by the city.
(Ord. 24-05, 6/5/2024)
The city manager shall make or cause to be made an investigation to provide necessary information to ensure that the action in each application is consistent with the requirements of this title and shall make a recommendation to the planning commission.
(Ord. 24-05, 6/5/2024)
Adherence to the submitted plans, as approved, is required. Compliance with conditions of approval is also required. Any departure from approved plans or conditions of approval constitutes a violation of the ordinances codified in this title, unless modified by the planning commission at a public hearing, pursuant to Chapter 17.12.070.
(Ord. 24-05, 6/5/2024)
Before a conditional use is approved, findings will be made that the use will comply with the following standards:
A. 
A demand exists for the use at the proposed location. Several factors which should be considered in determining whether or not this demand exists include: accessibility for users (such as customers and employees), availability of similar existing uses, availability of other appropriately zoned sites, particularly those not requiring conditional use approval, and the desirability of other suitably zoned sites for the use.
B. 
The use will not create excessive traffic congestion on nearby streets or overburden the following public facilities and services: water, sewer, storm drainage, electrical service, fire protection and schools.
C. 
The site has an adequate amount of space for any yards, buildings, drives, parking, loading and unloading areas, storage facilities, utilities or other facilities which are required by city ordinances or desired by the applicant.
D. 
The topography, soils and other physical characteristics of the site are appropriate for the use. Potential problems due to weak foundation soils will be eliminated or reduced to the extent necessary for avoiding hazardous situations.
E. 
An adequate site layout will be used for transportation activities. Consideration should be given to the suitability of any access points, on-site drives, parking, loading and unloading areas, refuse collection and disposal points, sidewalks, bike paths, or other transportation facilities required by city ordinances or desired by the applicant. Suitability, in part, should be determined by the potential impact of these facilities on safety, traffic flow and control and emergency vehicle movements.
F. 
The site and building design ensure that the use will be compatible with the surrounding area.
(Ord. 24-05, 6/5/2024)
Animal hospital or kennel pens shall be enclosed to the extent that noise does not affect adjacent property. Kennels shall be connected to city sewers for animal waste disposal.
(Ord. 24-05, 6/5/2024)
Materials, vehicles or parts used in boat building, cabinet, carpentry, or other contractor's shops, machine shops or vehicle repair shall be stored in an enclosed structure, or, where that is impractical, behind fences or vegetative buffers. Odors, fumes, sawdust or other emissions shall be controlled so as not to affect adjacent property. Noise standards of the Department of Environmental Quality shall be adhered to. As much tree cover as possible shall be maintained on the property. A buffer, as specified by Chapter 17.66 shall be maintained between the use and adjacent uses or public streets.
(Ord. 24-05, 6/5/2024)
The following specific standards shall apply to a community garden:
A. 
A site plan will be provided which indicates the location of all anticipated improvements, including the location of storage sheds, compost bins, fencing, and raised beds.
B. 
Structures such as storage sheds and compost bins shall conform to setback requirements; raised beds may be located in required setback areas as long as they conform to the clear vision area requirements of Section 17.60.040.
C. 
Fences shall conform to the standards of Section 17.72.020(H).
D. 
On-site retail sales are not permitted.
E. 
The land shall be served by a sufficient water supply.
F. 
The community garden shall be managed by an organization which has an established set of operating rules addressing the governance of the community garden.
G. 
The planning commission may specify operating hours for community garden activities based on the location of the community garden.
H. 
Notwithstanding any provision of Section 17.70.020 Applicability, a community garden is not subject to design review, except that any structure of 200 square feet or more shall be subject to design review as described in Chapter 17.70 Design Review.
(Ord. 24-05, 6/5/2024)
Single-purpose, private docks shall not be permitted. Floating docks shall not rest on the creek bottom at low tide. Floats shall be adequately secured to the bank. Where floating docks are unfeasible, a fixed dock may be permitted where a finding is made that it is consistent with the resource capability and the purpose of the estuary zone. All docks must have permits from the Division of State Lands and the U.S. Army Corps of Engineers. Navigation or recreational use of the water shall not be impeded. Hydraulic (erosional) effects on adjacent shorelines shall be minimized by design of the dock. A very limited number of common or public docks may be permitted.
(Ord. 24-05, 6/5/2024)
A. 
Purpose. The purpose of this section is to ensure that forest practices are carried out in a manner that will protect soil integrity, water quality, fish and wildlife habitat, riparian vegetation, significant natural resources, scenic values, and adjacent urban uses.
B. 
Applicability. The following activities are considered forest management practices and are subject to the provisions of this section:
1. 
Harvesting of trees for commercial purposes including, but not limited to, falling, bucking, yarding, decking, loading or hauling of such trees;
2. 
Construction, reconstruction and improvements of roads as part of a forest harvesting operation;
3. 
Site preparation for reforestation involving clearing or the use of heavy machinery;
4. 
Clearing of forest land for conversion to a nonforest use;
5. 
Disposal and treatment of slash;
6. 
Precommercial thinning.
C. 
Exceptions. The removal of trees pursuant to Chapter 17.114 is not considered a forest management practice.
D. 
Forest Management Plan Approval Required.
1. 
As part of a conditional use application, a forest management plan prepared by a forester shall be submitted.
2. 
The written forest management plan shall contain specific information applicable to the proposed operation. Elements of the plan shall include, but not be limited to, the location of roads and landings, road and landing design and construction, drainage systems, disposal of waste material, falling and bucking, buffer strips, yarding system and layout, sensitive resource site protection measures and post-operation stabilization measures.
3. 
The city shall select a forester from its list of foresters to prepare the plan. The applicant shall be billed for the cost of the plan preparation as well as the cost of monitoring the forest management operation.
4. 
The forest management plan shall conform to the standards of subsection E of this section.
5. 
In the preparation of the forest management plan, the forester shall consult with state and federal agencies concerned with the forest environment, such as the Department of Fish and Wildlife, to obtain relevant information.
6. 
The landowner and/or operator shall comply with the approved forest management plan.
7. 
Modifications to the approved plan shall be reviewed by the planning commission. Modification of an approved plan shall be required when, based on information that was not available or known at the time of the approval, the forester determines the approved plan will no longer provide adequate protection to the natural resources of the site.
8. 
The forester shall monitor the forest operation to ensure that it is carried out in accordance with the approved plan. Upon completion of the operation the forester shall prepare a report certifying that the operation was carried out in compliance with the approved plan.
E. 
Standards. Forest management plans shall be prepared in conformance with the following standards:
1. 
Only selective harvesting of trees is permitted. The forester shall determine the site's total basal area. Trees with a diameter, measured at breast height, of less than six inches shall not be included in the calculation of the site's basal area. An initial plan, or any subsequent plan, shall propose removing no more than an aggregate of 50 percent of the total basal area existing on the site at the time the initial application for harvesting is submitted to the city. In addition, no more than 60 percent of the site's total number of trees, which have a minimum diameter of six inches at breast height, shall be removed. Trees with a diameter of less than six inches at breast height shall not be removed.
2. 
A riparian zone shall be maintained adjacent to both class I and class II waters. The width of the riparian zone shall be 25 feet on either side of class II waters. The width of the riparian zone shall be 50 feet on either side of class I waters. There shall be no harvesting of trees in the riparian zone. Other activities in conjunction with forest practices, such as road construction, in the riparian zone shall be permitted only where there are no feasible alternatives. The definitions of class I and class II waters shall be those established in the Forest Practices Rules 629-24-101.
3. 
Existing stream courses shall not be altered.
4. 
No forest management operations shall occur in identified wetland areas.
5. 
Where a forest operation is to be located within 600 feet of a specific site involving a threatened or endangered species (as listed by the U.S. Fish and Wildlife Service or the Oregon Department of Fish and Wildlife) or a sensitive bird nesting, roosting, or watering site, a specific habitat-protection plan shall be prepared in consultation with the Oregon Department of Fish and Wildlife.
6. 
There shall be no subsurface mining as part of a forest operation.
7. 
Forest practices shall not involve the application of herbicides, insecticides, or rodenticides.
8. 
Slash shall be controlled in a manner that does not require burning.
9. 
Road construction shall be in accordance with the criteria of the Forest Practices Rules 629-24-521 to 629-24-523 (1990).
10. 
Harvesting of trees shall be in accordance with the criteria of the Forest Practices Rules 629-24-542 to 629-24-545 (1990).
11. 
Reforestation of lands intended to continue in forest use shall be stocked according to the levels specified in the Forest Practices Rules 629-24-501 (1990). The forest management plan shall include specified actions necessary for the maintenance of planted trees. Within one year following the harvest on lands not planned for reforestation, adequate vegetative cover shall be established to provide soil stabilization and to minimize aesthetic impacts within one year following the harvest.
12. 
No trees shall be harvested within 50 feet of the U.S. Highway 101 right-of-way. Trees located in this area shall not be included in the calculation of the site's initial basal area.
13. 
Overall conditional use standard, Section 17.86.080(A), shall not be applicable to forest management.
(Ord. 24-05, 6/5/2024)
The following specific standards shall apply to manufactured dwelling parks:
A. 
A manufactured dwelling park shall conform to state standards in effect at the time of construction;
B. 
Spaces in manufactured dwelling parks shall be sized as follows:
1. 
Spaces for double-wide units (24 to 28 feet wide) shall be a minimum of 5,000 square feet,
2. 
Spaces for single-wide units (14 to 16 feet wide) shall be 4,000 square feet.
3. 
Spaces for "park model" units (eight feet wide) shall be 3,000 square feet. Park model units are defined as small manufactured dwellings designed for permanent occupancy, and do not include recreational vehicles;
C. 
Spaces shall be clearly defined and shall be exclusively used for the private use of the tenant of the space.
D. 
Manufactured dwellings shall be located within their designated spaces, so that the setbacks are:
1. 
Front yard, 15 feet,
2. 
Side yards, five feet,
3. 
Rear yard, 15 feet;
E. 
Manufactured dwellings shall be located at least 25 feet from the property lines of the manufactured dwelling park;
F. 
Manufactured dwellings placed in the manufactured dwelling park shall conform to the provisions of Chapter 17.98 the flood hazard protection standards;
G. 
Streets in a manufactured dwelling park may be dedicated to the city or may be retained in private ownership. Private streets shall be constructed to city standards, except that two-way streets may be 18 feet wide and one-way lanes may be 12 feet wide. Storm drainage facilities shall be installed throughout the manufactured dwelling park. Streets dedicated to the city shall meet city standards. All streets shall be approved by the city manager. Each manufactured dwelling space shall abut a street for a minimum distance of 20 feet;
H. 
Easements necessary for public utilities and installation of fire hydrants shall be required by the city manager, at appropriate locations;
I. 
The planning commission may require buffers of sight-obscuring fences, hedges and/or beans, between the manufactured dwelling park and adjacent property, and between potentially conflicting uses such as campgrounds or accessory uses. Buffering may be waived where it is unnecessary due to topographical features or existing tree cover;
J. 
A minimum of 20 percent of the overall area of the park shall be devoted to common open space, including buffers. Open space may also include playgrounds, natural areas, streams, and wetlands, but shall not include individual setback areas, streets, or utility areas;
K. 
Manufactured dwellings shall bear the Oregon Insignia of Compliance and conform to the standards of the Department of Commerce;
L. 
Manufactured dwellings shall have a continuous skirting of nondecaying, noncorroding material which shall be installed within 30 days of placement of the unit;
M. 
All manufactured dwellings shall be installed with tie-downs to protect the manufactured dwelling against wind and storm damage. Tie-downs shall be installed prior to occupancy of the unit;
N. 
Manufactured dwellings shall conform to the parking requirements for single-family dwellings, as specified in Chapter 17.68;
O. 
Signs shall be in conformance with Chapter 17.62.
(Ord. 24-05, 6/5/2024)
In residential zones, motels or other tourist accommodations shall maintain residential yard requirements or setbacks. Outdoor lighting or signs shall not cast glare onto adjacent residential property or the beach. Traffic ingress and egress shall be onto other than residential streets, except that access points onto major streets shall be minimized. A commercial or recreational use associated with a motel shall be located so as not to adversely affect adjacent property by its hours of operation, noise, traffic generation, signs, or lighting.
(Ord. 24-05, 6/5/2024)
The following specific conditional use standards apply to public facilities and services:
A. 
Public facilities including, but not limited to, utility substations, sewage treatment plants, stormwater and treated wastewater outfalls, submerged cables, sewer lines and water lines, water storage tanks, radio and television transmitters, electrical generation and transmission devices, and fire stations shall be located to best serve the community or area with a minimum of impact on neighborhoods, and with consideration for natural or aesthetic values. Structures shall be designed to be as unobtrusive as possible. Wherever feasible, all utility components shall be placed underground.
B. 
Public facilities and services proposed within estuarine areas shall provide findings that:
1. 
An estuarine location is required, and a public need exists, and
2. 
Alternative nonaquatic locations are unavailable or impractical, and
3. 
Dredge, fill, and adverse impacts are avoided or minimized.
C. 
Public facilities and services in estuarine areas shall minimize interference with use and public access to the estuary.
(Ord. 24-05, 6/5/2024)
The following specific standards apply to recreational vehicle parks:
A. 
Recreational vehicle (RV) parks or camping areas shall be in conformance with the standards of the Oregon Health Department;
B. 
RV parks shall be at least three acres in size;
C. 
RV parks shall be connected to city services, including sewer, water, and storm drainage. Parks shall also be connected to power and communications services. The ratio of lavatories and toilet facilities to RV spaces shall be prescribed by state law;
D. 
There shall be at least 2,500 square feet of total area per recreational vehicle, overall. Individual RV spaces shall not be less than 1,500 square feet;
E. 
Streets or private drives and pads shall be surfaced with asphaltic concrete or oil mat surfacing material. Interior streets or private drives shall not be less than 20 feet for two-way streets, or 15 feet for one-way streets;
F. 
Buffers of at least 50 feet shall be required in order to separate parks from surrounding residential uses or public streets or roads. A sight-obscuring fence or plantings shall be required except in clear-vision areas;
G. 
Where existing tree cover is present, it shall be retained on the site. Camping spaces shall be constructed so as not to harm root systems by fill;
H. 
Camping spaces, restrooms, parking areas and other structures or alterations shall be at least 50 feet from streams or bodies of water to maintain riparian vegetation and the scenic values of the area. Public access shall be maintained to the water;
I. 
Dumping into the city sewer system of holding tanks containing chemically-treated wastes shall not be permitted.
J. 
A park trailer may be placed for dwelling purposes subject to the installation of state-approved tie-down devices. The total number of park trailers placed in a recreational vehicle park for dwelling purposes shall not exceed 25 percent of the total number of approved recreational vehicle spaces in that park. The minimum area of a recreational vehicle space used for the placement of a park trailer used for dwelling purposes shall be 1,500 square feet.
(Ord. 24-05, 6/5/2024)
The sites of schools, churches, museums, lodges, or meeting halls shall be located so as to serve the surrounding area. Traffic will not congest residential streets, the structures will be designed or landscaped so as to blend into the surrounding environment and the activities or hours of operation will be controlled to avoid noise or glare impacts on adjacent uses.
(Ord. 24-05, 6/5/2024)
The following specific conditional use standards apply to shoreline stabilization:
A. 
Beachfront protective structures seaward of the Oregon Coordinate Line, require a permit from the Oregon Parks and Recreation Department and the city. Beachfront protective structures landward of the Oregon Coordinate Zone Line requiring more than 50 cubic yards of material may require a permit under the Oregon Removal Fill Law. All beachfront protective structures landward of the Oregon Coordinate Line require a permit from the city.
B. 
Shoreline stabilization along the Ecola Creek Estuary requires a permit from the U.S. Army Corps of Engineers, the Oregon Division of State Lands, if it involves more than 50 cubic yards, and the city.
C. 
The city's review of beachfront protective structures, both landward and seaward of the Oregon Coordinate Line, shall be coordinated with the Oregon Parks and Recreation Department. The city's review of shoreline stabilization along Ecola Creek Estuary shall be coordinated with the U.S. Army Corps of Engineers and the Oregon Division of State Lands.
D. 
Shoreline Stabilization Priorities.
1. 
The priorities for shoreline stabilization for erosion control are, from highest to lowest:
a. 
Proper maintenance of existing riparian vegetation;
b. 
Planting of riparian vegetation;
c. 
Vegetated rip-rap;
d. 
Nonvegetated rip-rap;
e. 
Bulkhead or seawall.
2. 
Where rip-rap, bulkheads or seawalls are proposed as protective measures, evidence shall be provided that high priority methods of erosion control will not work.
E. 
Qualifications for Beachfront Protection.
1. 
Structural shoreline stabilization methods for beachfront protection shall be permitted only if:
a. 
There is a critical need to protect property that is threatened by erosion hazard;
b. 
Impacts on adjacent property are minimized;
c. 
Visual impacts are minimized;
d. 
Access to the beach is maintained;
e. 
Long-term or recurring costs to the public are avoided; and
f. 
Riparian vegetation is preserved as much as possible.
2. 
These criteria shall apply to structural shoreline stabilization both east and west of the State Zone Line.
F. 
Beachfront protective structures for beach and dune areas shall be permitted only where development existed on January 1, 1977. "Development" means houses, commercial and industrial buildings, and vacant subdivision lots which are physically improved through construction of streets and provision of utilities to the lot and includes areas where a Goal 18 exception has been approved. Notwithstanding that the comprehensive plan and a map made part of the ordinance codified in this title identify property where development existed on January 1, 1977, owners whose property is identified as undeveloped on January 1, 1977 shall have a right to a hearing as provided in Chapter 17.16, as amended, to determine whether development did or did not exist on the property on January 1, 1977.
G. 
Structural shoreline stabilization methods along Ecola Creek Estuary shall be permitted only if the following criteria are met:
1. 
A need (i.e., a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights, and:
a. 
No feasible alternative upland locations exist, and
b. 
Adverse impacts are minimized;
2. 
Flooding or erosion is threatening an established use on a subject property;
3. 
The proposed project will not restrict existing public access to publicly owned lands or interfere with the normal public use of fishery, recreation or water resources;
4. 
Visual impacts are minimized;
5. 
The proposed project will not adversely impact adjacent aquatic areas or nearby property through increased erosion, sedimentation, shoaling or other changes in water circulation patterns. An affidavit from a registered engineer, geologist or hydrologist may be required to demonstrate this;
6. 
The project is timed to minimize impacts on aquatic life;
7. 
Long-term or recurring costs to the public are avoided.
H. 
Rip-rap shall be placed in accordance with the city's design criteria. Structural shoreline stabilization shall be designed by a registered engineer if the city's design criteria for rip-rap are not used, or if landslide retention is a factor in the placement of the shoreline protection structure. All structural shoreline stabilization shall be covered with fill material such as soil, clay, or sand and revegetated with beach grass, willow, or other appropriate vegetation. This requirement shall apply to replacement or repair of existing rip-rap as well as new construction.
I. 
The shoreline protection structure shall be the minimum necessary to provide the level of protection required.
J. 
The emergency placement of rip-rap to protect buildings from an imminent threat shall be permitted without a permit. However, the city, Oregon Parks and Recreation Department and the Oregon Division of State Lands shall be notified when rip-rap is placed along the beachfront. The city, Oregon Division of State Lands, and the U.S. Army Corps of Engineers shall be notified when rip-rap is placed along the Ecola Creek Estuary. Measures taken as a result of emergency conditions will be inspected. Alteration or removal of the material placed to conform to city and state standards may be required.
K. 
Proposals to repair existing rip-rap, bulkheads or seawalls shall be reviewed by the building official. If the building official determines the proposed repair involves a major change in the extent of rip-rap, bulkheading or the seawall, the proposal shall be reviewed by the planning commission as a conditional use. If the proposed repair is determined to not involve a major change, a development permit is required. Repairs to rip-rap shall conform to the city's design criteria for rip-rap.
L. 
The city may require that proposed structural shoreline stabilization abutting a street end, or other public right-of-way, incorporate steps, paths, or other physical improvements to enhance public access to coastal waters.
(Ord. 24-05, 6/5/2024)
The main post office of the city shall be located in the downtown area C-1 zone, except that a branch may be located in the commercial zone of Tolovana Park.
(Ord. 24-05, 6/5/2024)
New park projects or major improvements, both city and state, shall be reviewed by the city parks board and the design review board to ensure that such projects are aesthetically compatible with their surroundings in terms of open space, landscaping, scale and architecture. Public need will be demonstrated through evidence of increased demand on existing facilities, and the support of citizens and visitors for the proposed facility.
(Ord. 24-05, 6/5/2024)
The construction of trails and the anticipated level of trail usage shall have a negligible impact on the area's open space values.
(Ord. 24-05, 6/5/2024)
A. 
The following specific conditional use standards apply to cottage industries:
1. 
Materials, vehicles or parts shall be stored in an enclosed structure;
2. 
Noise, odor, smoke, gases, fallout, vibration, heat or glare resulting from the cottage industry shall not be detectable beyond the limits of the property;
3. 
Sight-obscuring landscaping of at least 20 feet in width shall be maintained between the use and adjacent properties or public streets;
4. 
The use must be a low-traffic generator;
5. 
Other than family members residing on the premises, no more than one other employee may be hired;
6. 
Signs shall not exceed one square foot in area and shall comply with the provisions of Chapter 17.62;
7. 
Off-street parking and access shall be designed to be adequate for customers without creating a commercial parking lot appearance on the site. Chapter 17.68 shall apply;
8. 
Uses involving nonresident employees and the delivery of materials shall limit their hours of operation to between 8:00 a.m. and 6:00 p.m.;
9. 
Waste disposal shall comply with Department of Environmental Quality requirements;
10. 
A structure built to house a cottage industry shall be reviewed by the design review board subject to pertinent criteria in Chapter 17.70;
11. 
The cottage industry shall only be operated by residents of the property and shall not be leased, sold, conveyed, or any interest therein transferred separately from the residence.
B. 
The planning commission shall review cottage industries upon the receipt of two written complaints of violations of these standards from two separate households within 250 feet of the boundary of the affected property, or a complaint from the planning commission. The planning commission shall hold a public hearing to review the complaints.
C. 
The planning commission shall hear the evidence presented, and may, with adequate findings of fact:
1. 
Approve the use as it exists; or
2. 
Require that it be terminated; or
3. 
Impose restrictions such as limiting hours of operation.
D. 
New complaints which are substantially similar to those previously acted upon will be heard by the planning commission only after a period of six months has elapsed from the date of the earlier decision, unless the planning commission believes that any restrictions it has imposed have not been followed.
(Ord. 24-05, 6/5/2024)
The following specific conditional use standards apply to dikes:
A. 
The outside face of the dike shall be suitably protected to prevent erosion during new dike construction and during maintenance of existing dikes. Applicable standards for shoreline stabilization shall be met. However, trees, brush, and shrubs, which jeopardize the structural integrity of dikes, should be excluded from revegetation plans.
B. 
New dike alignment and configuration shall not cause an increase in erosion or shoaling in adjacent areas or an appreciable increase in backwater elevation. Channelization of the waterway shall be avoided.
C. 
Where new dikes are shown to be necessary for flood protection, new dikes shall be placed on shorelands and not in aquatic areas. Where this is not feasible, an exception to Statewide Planning Goal 16, Estuarine Resources, is required.
(Ord. 24-05, 6/5/2024)
The following specific conditional use standards apply to dredging:
A. 
Dredging in Aquatic Areas.
1. 
Dredging in aquatic areas shall only be permitted if required for one or more of the following uses and activities:
a. 
Temporary alterations;
b. 
An approved restoration or estuarine enhancement project;
c. 
Bridge crossing support structures;
d. 
Submerged cable, sewer line, water line or other pipeline.
2. 
The above mentioned dredging in aquatic areas shall be allowed only if:
a. 
A need (i.e., a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights;
b. 
No feasible alternative upland locations exist; and
c. 
Adverse impacts are minimized.
B. 
When dredging is permitted, the dredging shall be the minimum necessary to accomplish the proposed use.
C. 
Erosion, sedimentation, increased flood hazard and other undesirable changes in circulation shall be avoided.
D. 
The timing of dredging shall be coordinated with state and federal resource agencies, local governments, and private interests, to ensure adequate protection of estuarine resources (fish runs, spawning, benthic productivity, wildlife, etc.) and to minimize interference with recreational fishing activities.
E. 
Adverse short-term effects of dredging such as turbidity, release of nutrients, heavy metals, sulfides, organic material or toxic substances, dissolved oxygen depletion, disruption of the food chain, loss of benthic productivity, and disturbance of fish runs and important localized biological communities shall be minimized.
F. 
Impacts on areas adjacent to the dredging project such as destabilization of fine-textured sediments, erosion, siltation and other undesirable changes in circulation patterns, shall be minimized.
(Ord. 24-05, 6/5/2024)
The following specific conditional use standards apply to estuarine fill:
A. 
Basic Requirements.
1. 
Fill in estuarine areas shall be permitted only if required for:
a. 
Maintenance and protection of man-made structures existing as of October 7, 1977;
b. 
Active restoration or estuarine enhancement;
c. 
Bridge crossing support structures;
d. 
Temporary alterations;
e. 
In conjunction with a use for which an exception has been taken.
2. 
Filing in estuarine areas shall be allowed only if:
a. 
A need (i.e., a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights;
b. 
No alternative upland locations exist; and
c. 
Adverse impacts are minimized.
B. 
The applicant shall present evidence that impacts on the following will be minimized:
1. 
Fish and wildlife habitats and essential properties of the estuarine resource (e.g., dynamic geologic processes, continued biological productivity, unique or endemic communities or organisms, species diversity);
2. 
Water quality and water circulation;
3. 
Recreational use of the estuary.
C. 
A fill shall be the minimum necessary to achieve the proposed use.
D. 
The fill's exterior shall be suitably stabilized.
(Ord. 24-05, 6/5/2024)
The following specific conditional use standards apply to bridge crossings:
A. 
Land transportation facilities shall not be located in estuarine areas except where bridge crossings are needed and where no feasible alternative upland route exists.
B. 
The applicant shall present evidence that the proposed bridge crossing will minimize impacts on the following:
1. 
Fish and wildlife habitats and essential properties of the estuary;
2. 
Water quality and water circulation;
3. 
Recreational use of the estuary, including public access.
C. 
A public need for the bridge shall be demonstrated.
(Ord. 24-05, 6/5/2024)
The following specific conditional use standards apply to pilings:
A. 
A need (i.e., a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights, and:
1. 
No feasible alternative upland locations exist; and
2. 
Adverse impacts are minimized.
B. 
Piling installation shall be permitted only in conjunction with a permitted or conditional use.
C. 
Piling installation shall be the minimum necessary to accomplish the proposed use.
D. 
The applicant shall present evidence that the proposed piling is designed and constructed to minimize adverse impacts on the following:
1. 
Boating;
2. 
Aquatic life and habitat;
3. 
Water circulation and sediment transport;
4. 
Water quality;
5. 
Recreational uses.
(Ord. 24-05, 6/5/2024)
Mitigation for dredge or fill within estuarine waters or intertidal wetlands shall be required by the director of the Division of State Lands (under the provisions of ORS 541.605 through 541.665). The suitability of a mitigation proposal for a given project shall be determined by the director of the Division of State Lands.
(Ord. 24-05, 6/5/2024)
Conditional use permits for preservation grading may be approved only if the planning commission adopts specific findings addressing the following:
A. 
All applicable Comprehensive Plan policies.
B. 
Measures to be taken to ensure the dunes sustain an adequate sand volume in order to withstand the erosional effects of (an) extreme storm(s) and to minimize any potential for wave overtopping and inundation (flooding) of backshore.
C. 
Measures to be taken to mitigate weak points in the dune system (e.g., adjacent to trails), by repairing areas subject to localized blowouts from wind or waves in order to maintain the dune buffer from erosion and potentially being breached during a storm.
D. 
Measures to be taken to maintain valuable habitat for a wide range of plants and animals, including in some cases rare species.
E. 
Measures to be taken to maintain the integrity and natural beauty of the dunes.
F. 
Measures to be taken to provide necessary public access, facilities, or utilities to maintain city services.
(Ord. 24-05, 6/5/2024)