Chapter 18.35
WATER-DEPENDENT DEVELOPMENT ZONE (WD)
Sections:
18.35.020 Uses permitted outright.
18.35.030 Conditional uses permitted.
18.35.010 Purpose.
The WD zone is intended to provide an area in which primarily water-dependent and water-related uses are located for the support of the marine industry. Uses which are not water dependent but which are subordinate and incidental to allowed water-dependent and water-related uses may also be allowed, subject to special standards that are intended to maintain the viability of the marine industry. [Ord. 319 § 15, 2013; Ord. 290 § 3(3.050), 2006.]
18.35.020 Uses permitted outright.
In a WD zone, the following uses and their accessory structures are permitted, subject to the standards and criteria of GMC 18.35.040:
A. Low-intensity recreation, such as viewpoints or fishing areas.
B. Navigational aids.
C. Maintenance and repair of existing structures and facilities.
D. Water-dependent industrial uses, including but not limited to:
1. Land-based portions or piers, wharves, and other terminal and transfer facilities for passengers or waterborne commerce such as fish, shellfish, timber or timber products, metal and port activities associated with such facilities;
2. Water intake and discharge facilities;
3. Facilities for the extraction of minerals, aggregate, petroleum, natural gas, earth products or geothermal resources (as defined by ORS 533.10(4)) which require access to water during the extraction procedure;
4. Water access structure or facilities which require access to a water body as part of the manufacture, assembly, fabrication or repair of marine equipment, due to the size or nature of the craft or equipment;
5. Seafood receiving and processing facilities;
6. Other water-dependent industrial uses.
E. Water-dependent commercial uses, including but not limited to:
1. Commercial marinas, docks and moorages and support facilities;
2. Other water-dependent commercial uses.
F. Water-dependent recreational facilities including private docks, moorages and waterfront parks.
G. Water-dependent portions of aquaculture facilities.
H. Structural shoreline stabilization.
I. Landfalls and access corridors for submerged cable, sewer line, waterline or other pipeline crossing.
J. New dike construction, if required for a water-dependent use.
K. A temporary use that involves minimal capital investment and no permanent structure, for a period not to exceed one year.
L. Certain transportation facilities as defined in GMC 18.05.030, specifically:
1. Normal operation and maintenance of transportation facilities;
2. Installation of transportation improvements within the existing right-of-way;
3. Projects identified in the adopted transportation system plan not requiring future land use review and approval;
4. Landscaping as part of a transportation facility;
5. Emergency transportation facility measures;
6. Street or road construction as part of an approved subdivision or partition.
M. Utility infrastructure such as water lines, sewer lines, phone lines, electrical lines, cable television lines, and other communications lines. This also includes non-habitable vaults and structures necessary to facilitate these types of infrastructure. [Ord. 319 § 15, 2013; Ord. 290 § 3(3.050(1)), 2006.]
18.35.030 Conditional uses permitted.
In a WD zone, the following uses and their accessory structures are permitted, subject to the provisions of Chapter 18.185 GMC and GMC 18.35.040:
A. Water-related industrial uses, including but not limited to:
1. Warehousing and/or other storage areas for marine equipment or waterborne commerce;
2. Sorting, storage and handling of logs or lumber in conjunction with a shipping facility or a processing facility which utilizes water transport of logs;
3. Other water-related industrial uses.
B. Water-related commercial uses, including but not limited to:
1. Seafood retail or wholesale outlets;
2. Marine craft or marine equipment sales establishments;
3. Sport fish cleaning, smoking or canning establishments;
4. Charter fishing offices;
5. Retail trade establishments providing primarily products necessary for the commercial and recreational fishing industry, such as ice, bait, tackle, nautical charts, gasoline or similar products;
6. Restaurants which provide a view of the waterfront and which are in conjunction with another water-dependent or water-related commercial use, such as a seafood processing plant or a charter office;
7. Other water-related uses.
C. Non-water-dependent or water-related commercial uses in conjunction with an operating water-dependent or water-related use, subject to the special conditional use standards of GMC 18.185.040(B).
D. Dredge material disposal.
E. Mitigation, restoration, creation or enhancement.
F. Certain transportation facilities as defined in GMC 18.05.030, specifically:
1. Transportation projects that are not designated improvements in the transportation system plan; and
2. Transportation projects that are not designed and constructed as part of an approved subdivision or partition. [Ord. 319 § 15, 2013; Ord. 290 § 3(3.050(2)), 2006.]
18.35.040 Standards.
In the WD zone, the following standards shall apply:
A. Lot Size. The minimum lot size shall be the area necessary to support the proposed use, including sufficient land for parking, off-loading, ingress and egress, and storage of materials.
B. Yards and Setbacks. Industrial uses abutting the WM zone shall be set back from the adjoining zone a minimum of 15 feet.
C. Buffers and Landscaping. Industrial uses shall establish a sight-obscuring fence or hedge around outdoor storage areas where such storage areas abut the WM zone.
D. Estuary shoreland standards contained in Chapter 18.160 GMC shall apply.
E. Determination of Water-Dependent and Water-Related Uses. In determining whether a use is water-dependent or water-related, the following definitions shall be applied:
1. “Water-dependent” means a use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for waterborne transportation, recreation, energy production or source of water;
2. “Water-related” means uses and activities that do not require direct water access (are not water-dependent), but which:
a. Provide goods and/or services that are directly associated with other water-dependent uses (supplying materials to, or using products of, water-dependent use); and
b. If not located near the water, would experience a public loss of quality in the goods and services offered (evaluation of public loss of quality shall involve a subjective consideration of economic, social and environmental consequences of the use).
F. Building Height. Maximum building height shall be 30 feet. Any building exceeding 30 feet in height shall be reviewed following the standards and procedures for conditional uses under Chapter 18.185 GMC.
G. Agency Notification. The following agencies shall be notified of proposed conditional uses and activities in the WD zone:
1. The Oregon Department of Fish and Wildlife;
2. Oregon Division of State Lands;
3. Oregon Department of Land Conservation and Development;
4. Oregon Wildlife Service;
5. National Marine Fisheries;
6. Environmental Protection Agency;
7. U.S. Army Corps of Engineers; and
8. The Port of Garibaldi. [Ord. 319 § 15, 2013; Ord. 290 § 3(3.050(3)), 2006.]