(A) Purpose.
(1) The purpose of the Coastal Shorelands Overlay Zone is to recognize the value of coastal shorelands for protection and maintenance of water quality, fish and wildlife habitat, water-dependent uses, economic resources, recreation, and aesthetics.
(2) The C-S Zone, in conjunction with various underlying zones, implements the coastal shorelands policies contained in the Comprehensive Plan.
(B) Application. The provisions of the C-S Zone shall apply to all areas identified as within the coastal shorelands boundary on the shorelands boundary map. The provisions of the C-S Zone are to be applied in conjunction with the provisions of the underlying zone. Where the provisions of the C-S Zone and the underlying zone conflict, the more restrictive provisions shall apply. For the purposes of this section, coastal shorelands are those areas identified on the shorelands boundary map and identified on the zoning map overlays located at city hall. Coastal shorelands areas generally include one or more of the following characteristics:
(1) Subject to ocean flooding and lands within 100 feet of the ocean shore, or within 50 feet of the estuary;
(2) Where the geologic instability is related to or will impact a coastal waterbody;
(3) Natural or human-made riparian resources, especially vegetation necessary to stabilize the shoreline and to maintain water quality and temperature necessary for the maintenance of fish and wildlife habitat;
(4) Areas of significant shoreland and wetland biological habitats whose habitat quality is primarily derived from or related to the association with coastal water areas;
(5) Areas necessary for water-dependent and water-related uses, including areas of recreational importance which utilize coastal water or riparian resources, areas appropriate for navigation and port facilities, dredge material disposal and mitigation sites, and areas having characteristics suitable for aquaculture;
(6) Areas of exceptional aesthetic or scenic quality, where the quality is primarily derived from or related to the association with coastal water areas; and
(7) Coastal headlands.
(C) Permitted uses. In a C-S Overlay Zone, any of the outright or conditional uses authorized in the underlying zone may be permitted, subject to the applicable provisions of §§ 152.040, 152.055 through 152.076, 152.115 through 152.117, 152.130 through 152.136, 152.225 through 152.235 of this chapter, and the additional provisions of this section.
(D) Procedure. Applicants requesting approval for any development action within the areas subject to the provisions of the C-S Zone shall submit, along with any application, a detailed site plan and/or written statement demonstrating how the proposed activities will conform to each of the applicable standards contained in the C-S Zone. The Planning Commission shall review the application to determine if each of the applicable criteria are met. Planning Commission review of such applications shall proceed in accordance with the applicable provisions of §§ 152.130 through 152.136, 152.150 through 152.158, 152.170 through 152.173, 152.185 through 152.188, 152.200 through 152.210, and 152.225 through 152.235 of this chapter. Building permit applications that do not enlarge or extend existing structures nor have any ground disturbing activities are exempt from Planning Commission review.
(E) Standards. The following standards will be applied in reviewing an application for a development action in the C-S Zone.
(1) Riparian vegetation.
(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NATIVE PLANTS; NATIVE VEGETATION. Plant species that grow and propagate themselves in coastal shoreland areas along the central Oregon coast through natural processes, are adapted to the weather, soils, and hydrology of the area, and which have evolved in the area or been introduced to the area by natural causes. These plant species are to be distinguished from plant species which have been deliberately or accidentally imported or introduced from other areas by humans or human activities.
ZONE OF RIPARIAN VEGETATION.
a. OCEAN AND ESTUARY. The area between the point of mean higher high water and 50 feet landward measured on the horizontal.
b. STREAMS. Riparian vegetation is defined and shall be protected subject to the standards in § 152.072 of this chapter.
(b) Protection. Ocean/estuary riparian vegetation shall be protected except as provided for below:
1. Removal of riparian vegetation is permitted only in conjunction with a use which requires direct access to water;
2. Removal of non-native vegetation to be replaced with native vegetation is permitted subject to a re-vegetation plan approved by the city which specifies temporary stabilization methods and the method and timing of permanent re-vegetation with native species; and
3. Temporary removal of riparian vegetation may be permitted where there exists no viable alternatives to disturbing the riparian area to allow development on a lot. Such removal is subject to a revegetation plan approved by the city which specifies temporary stabilization methods, and the method and timing of permanent revegetation with native species, and subject to the additional requirements below:
a. The riparian disturbance area (such as, for equipment access or utility placement) shall be a single pathway of the minimum size and length necessary and in no case be wider than 12 feet in width. The pathway shall also be oriented in a manner to minimize riparian area disturbance (such as, oriented perpendicular to the riparian area, not along it);
b. The disturbance pathway is chosen to avoid, to the maximum extent possible, any trees that are six inches or greater in diameter as measured four and one-half feet above the ground or large shrubs on the site. Any site plan proposing a temporary disturbance to the riparian area must show the location of all these trees, and all shrubs over five feet in height, in relationship to this pathway; and
c. Temporary exclusionary fencing must be erected prior to the start of construction at the outer boundaries of the disturbance pathway and must remain in place until that phase of the construction is completed to assure that no damage to areas outside of the access pathway occur.
(c) Except as provided for in division (E)(1)(b) above, no development or development activities which could result in permanent destruction of riparian vegetation shall be located within the zone of riparian vegetation; and
(d) Degraded riparian areas (such as, with little or no native vegetation) shall be restored and enhanced when development or redevelopment occurs.
(2) Historic and archaeological sites. Sites subject to this section are identified in the Comprehensive Plan inventory “open spaces, scenic and historic areas, and natural resources.” Development in these areas shall not diminish the values of such sites as historic or archaeological resources. These sites are protected subject to requirements found in § 152.075 of this chapter.
(3) Exceptional aesthetic resources. Development in areas of exceptional aesthetic resources or coastal headlands shall not substantially alter the existing visual character of the area. Sites subject to this section are identified in the Comprehensive Plan inventory “open spaces, scenic and historic areas, and natural resources.” Standards for protecting such resources are found in § 152.074 of this chapter.
(4) Protection of coastal access.
(a) Application. This section applies to public access sites identified in the “Comprehensive Plan inventory” open spaces, scenic and historic areas, and natural resources” and to others that become established and added to the inventory (such as, under division (E)(4)(b) below). These access sites provide physical or visual access to the ocean or bay. Other public rights-of-way, easements, and ownerships may be discovered over time, and/or legally obtained, or become a part of the city through annexation.
(b) Standards. Existing public ownerships, rights-of-way, and similar public easements within the coastal shorelands which provide visual or physical access to or along coastal waters shall be retained or replaced if sold, exchanged, or transferred. Rights-of-way may be vacated to permit redevelopment of shoreland areas provided public access across the affected site of at least equivalent access value is retained.
(Ord. 85, passed 3-15-1985; Ord. 172, passed 10-7-1991; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010) Penalty, see § 152.999