For purposes of this chapter, the components of any development, construction, or use requiring a critical area development authorization shall be classified as provided below, and shall conform with the development standards applicable to the classification provided in 16D.06.13 through 16D.06.15 except for those listed in Section 16D.03.05 (Minor Activities Allowed without a Permit or Exemption):
(1) 
Water-oriented uses are one of the following three (3) categories of uses:
(a) 
Water-dependent uses include dams, water diversion facilities, marinas, boat launching facilities, water intakes and outfalls, aquaculture, log booming, stream and wetland crossings for roads and railroads, stream and wetland crossings for utilities, swimming beaches, fishing sites, in-water or on-land shore stabilization structures, livestock watering sites, and other uses that cannot exist in any other location and are dependent on the water by reason of the intrinsic nature of their operations. This provision applies only to the specific portion of a project that is demonstrably dependent upon the water or shore.
(b) 
A water-related use is one not intrinsically dependent on a waterfront location but whose economic viability is enhanced by a waterfront location either because it requires large quantities of water, or because it provides services for water dependent uses and the proximity to its customers makes such services less expensive and/or more convenient. Examples would include thermal power plants, wastewater treatment plants, water processing and treatment plants, support services for fish hatcheries or aquaculture, fly shops and boat rental shops.
(c) 
A water-enjoyment use is a recreational or other use that facilitates public access within shoreline jurisdiction as a primary characteristic of the use, or provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use; and which through location, design, and operation ensures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. Within shoreline jurisdiction the use must be open to the general public and the shoreline-oriented space within the project must be devoted to the specific aspects of the use that foster shoreline enjoyment in order to qualify as a water-enjoyment use within shoreline jurisdiction. Examples include recreational uses orientated to the shoreline's water features, and restaurants with water viewing.
(2) 
Nonwater-oriented uses include any use not qualifying as uses in subsection (1) above.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007)
The following provisions shall apply to water-dependent uses:
(1) 
Structures shall be clustered at locations on the water's edge having the least impact to the surface water and shore.
(2) 
Use areas and structures which require direct shore locations shall be located and constructed to minimize impacts to the shore area and the vegetative buffer specified in Section 16D.06.16 (Vegetative Buffers).
(3) 
Use areas and structures requiring direct shore locations shall minimize any obstruction or impairment of normal public navigation of the surface water.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007)
The following provisions shall apply to the water-related uses:
(1) 
Structures and use areas shall be located as far landward from the ordinary high water mark or wetland edge as is possible and still preserve the essential or necessary relationship with the surface water.
(2) 
Structures and use areas shall not be located within the vegetative buffer specified in Section 16D.06.16 (Vegetative Buffers) except where existing development or the requirements associated with the use make such a location unavoidable.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007)
The following provisions shall apply to water enjoyment and nonwater-oriented uses:
(1) 
Structures and use areas shall be set back so as not to be located within the vegetative buffer specified in Section 16D.06.16 (Vegetative Buffers).
(2) 
Construction abutting the vegetative buffer specified in Section 16D.06.16 (Vegetative Buffers) shall be designed and scheduled to ensure there will not be permanent damage or loss of the vegetative buffer.
(Ord. 14-2007 § 1 (Exh. A) (part), 2007)
(1) 
Establishment. There is hereby established a system of vegetative buffers that are necessary to protect the ecological functions and values of shorelines, and certain hydrologically related critical areas including wetlands. The buffer for shoreline streams and lakes, the vegetative buffer shall be 100 feet. For wetlands, based on a review of the best available science, buffers are listed in table 6-1.
(a) 
Vegetative buffers shall be measured from the Ordinary High Water Mark (OHWM) for streams, lakes and ponds, and from the wetland edge for wetlands, as identified in the field. The width of the wetland buffer shall be determined according to the wetland type, specified in Table 6-1.
(b) 
Buffer width may be reduced through the Variance (16D.03.22) permit process.
(c) 
The adequacy of these standard buffer widths presumes the existence of a relatively intact native vegetation community in the buffer zone adequate to protect the stream functions and values at the time of the proposed activity. If the vegetation is degraded, then no adjustment to the buffer width should be granted and re-vegetation should be considered. Where the use is being intensified, a degraded buffer should be re-vegetated to maintain the standard width.
Table 6-1
Type 1 Wetlands
Type 2 Wetlands
Type 3 Wetlands
Type 4 Wetlands
200'
100'
75'
50'
(Ord. 14-2007 § 1 (Exh. A) (part), 2007; Res. 54-2010 § 2 (Att. B §§ 27, 28), 2010)