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)
In addition to the overall conditional use standards, the specific use standards of Sections 17.86.100 through 17.86.330 shall also be applied.
(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)
Automobile service stations shall be located on a site of at
least 10,000 square feet.
(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.
(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.
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.
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;
(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.
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.
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:
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 public parking facility shall be reviewed by the design review board subject to pertinent criteria in Chapters 17.70 and 17.68 of this title.
(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.
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.
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:
B.
The applicant shall present evidence that impacts on the following
will be minimized:
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.
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:
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.
(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)
