Chapter 18.75
ESTUARY DEVELOPMENT ZONE (ED)
Sections:
18.75.010 Purpose and areas included.
18.75.020 Uses permitted with standards.
18.75.040 Regulated activities.
18.75.050 Additional requirements.
18.75.010 Purpose and areas included.
A. The purpose of the ED zone is to:
1. Provide for long-term maintenance, enhancement, expansion or creation of structures or facilities for navigational and other water-dependent commercial, industrial or recreational uses.
2. Provide for the expansion or creation of other commercial, industrial or recreational facilities.
B. The ED zone includes the following areas within development estuaries:
1. Areas that contain public facilities which are utilized for shipping, handling or storage of waterborne commerce, or for moorage or fueling of marine craft.
2. Subtidal channel areas adjacent or in proximity to the shoreline which are currently used or needed for shallow-draft navigation (including authorized, maintained channels and turning basins).
3. Areas of minimum biologic significance needed for uses requiring alteration of the estuary not included in EN, EC-1, and EC-2 zones. [Ord. 290 § 3(3.110(1)), 2006.]
18.75.020 Uses permitted with standards.
The following uses are permitted with standards within the ED zone; provided, that the procedures in Chapter 18.165 GMC and the development standards in Chapter 18.160 GMC have been met.
A. Maintenance and repair of existing structures or facilities involving a regulated activity.
B. Navigational structures and navigational aids.
C. Vegetative shoreline stabilization.
D. Structural shoreline stabilization.
E. Tidegate installation in existing dikes adjacent to ED zones.
F. Water, sewer, gas or phone lines.
G. Electrical distribution lines and line support structures.
H. Temporary dikes for emergency flood protection.
I. Mooring buoys.
J. Temporary low water bridges.
K. Temporary alterations.
L. Active restoration or estuarine enhancement.
M. Bridge crossing and bridge crossing support structure.
N. Water-dependent commercial uses, including docks, moorages, marinas for commercial marine craft (including seaplanes).
O. Water-dependent industrial uses, including:
1. Piers, wharves, and other terminal and transfer facilities for passengers or waterborne commerce, such as fish, shellfish, metal, timber or timber products.
2. Water intake and discharge structures.
3. Water access structures or facilities that require access to a water body as part of the manufacturing, assembly, fabrication or repair of marine craft or marine equipment due to the size of the craft or equipment.
P. Water-dependent public recreational facilities, including:
1. Boat ramps.
2. Commercial docks, moorages and marinas for recreational marine craft (including seaplanes).
Q. Aquaculture and water-dependent portions of aquaculture facilities.
R. Other water-dependent uses. A use is determined to be water-dependent when it can be carried out only on, in or adjacent to water, and the location or access is needed for:
1. Waterborne transportation;
2. Recreation;
3. A source of water (such as energy production, cooling of industrial equipment or wastewater, or other industrial processes). [Ord. 290 § 3(3.110(2)), 2006.]
18.75.030 Conditional uses.
The following uses are conditional within the ED zone, and may be permitted by the planning commission, subject to the provisions of Chapter 18.185 GMC, the procedures of Chapter 18.165 GMC and the development standards in Chapter 18.160 GMC, and only after a finding that the proposed facility does not preclude or unduly conflict with water-dependent use on the site or in the adjacent water-dependent development shorelands.
A. Water-related industrial uses not requiring the use of fill, including but not limited to:
1. Fish or shellfish processing plants.
2. Warehouse and/or other storage areas for marine equipment or waterborne commerce.
B. Water-related commercial uses not requiring the use of fill, including but not limited to:
1. Fish or shellfish 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 facilities in which the majority of products are products such as ice, bait, tackle, nautical charts, gasoline or other products incidental to or used in conjunction with a water-dependent use.
6. Restaurants which provide waterfront views and are in conjunction with a water-dependent or water-related use such as a seafood processing plant or charter office.
C. In-water sorting, storage and handling of logs in association with waterborne transportation of logs.
D. Other water-related uses not requiring the use of fill. A use is determined to be water-related when the use:
1. Provides goods and/or services that are directly associated with water-dependent uses (supplying materials to, or using products of, water-dependent uses).
2. 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 will involve a subjective consideration of economic, social and environmental consequences of the use.
E. Accessory uses or structures in conjunction with a conditional use listed in subsections A through D of this section, limited in size to a maximum of 10 percent of the lot or parcel size.
F. Mining and mineral extraction.
G. Storm water and sewer outfalls.
H. Non-water-dependent and non-water-related uses not requiring the use of fill.
I. New dike construction if:
1. Required for a water-dependent use for which there is a public need and for which no practicable upland locations exist.
2. Adverse impacts are avoided or minimized to be consistent with the resource capabilities and purposes of the area.
J. Temporary alterations.
K. 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;
7. Transportation projects that are not designated improvements in the transportation system plan; and
8. Transportation projects that are not designed and constructed as part of an approved subdivision or partition. [Ord. 290 § 3(3.110(3)), 2006.]
18.75.040 Regulated activities.
The following regulated activities are permitted within the ED zone; provided, that the requirements of Chapter 18.160 GMC have been met. Regulated activities shall be reviewed by the procedures provided in Chapter 18.165 GMC.
A. Regulated activities in association with on-site maintenance and repair of existing structures or facilities.
B. Dredging for:
1. Maintenance of existing facilities.
2. Navigational improvements.
3. Water-dependent portions of aquaculture operations.
4. Water-dependent uses.
5. Mining and mineral extraction.
6. Bridge crossing support structure installation.
7. Outfall installation.
8. Water, sewer or gas line installation.
9. Electrical distribution line installation.
10. Tidegate installation in existing dikes adjacent to ED zones.
C. Fill for:
1. Water-dependent uses.
2. Water-dependent portions of aquaculture facilities.
3. Navigational structures or navigational improvements.
4. Structural shoreline stabilization.
5. Bridge crossing support structures.
6. New dike construction.
D. Piling and dolphin installation in conjunction with GMC 18.75.020, Uses permitted with standards, or GMC 18.75.030, Conditional uses, within this zone.
E. Riprap for structural shoreline stabilization or protection of uses allowed by this zone.
F. Dredged material disposal in an approved DMD site or in conjunction with an approved fill project, subject to state and federal permit requirements for dredged material disposal.
G. Regulated activities in conjunction with an approved active restoration or estuarine enhancement project.
H. Flow-lane disposal of dredge material, subject to state and federal permit requirements.
I. Incidental dredging for harvest of benthic species or removal of in-water structures such as stakes or racks.
J. Regulated activities in conjunction with temporary alterations. [Ord. 290 § 3(3.110(4)), 2006.]
18.75.050 Additional requirements.
Garibaldi boat basin exception area: Development shall be limited to that described in the goal exception for the expansion of the Garibaldi boat basin. [Ord. 290 § 3(3.110(5)), 2006.]