17.04.160: PORTNEUF RIVER DEVELOPMENT STANDARDS:
   A.   Purpose: The purpose of the Portneuf River development standards is to encourage protection, maintenance, and restoration of the natural resources, recreational opportunities, and scenic beauty of the Portneuf River and its surroundings, and to improve access to the Portneuf River by establishing standards for land use and development along the river.
   B.   Applicability: The provisions of this section shall apply to properties abutting the channelized Portneuf River as mapped within city limits. In nonchannelized areas, the provisions of this section shall apply to properties located within one hundred twenty five feet (125') from the ordinary high water mark of the Portneuf River and within seventy five feet (75') of the ordinary high water mark of the Portneuf's tributaries. City development engineering services staff shall determine the location of the high water mark; however, the applicant may challenge staff's determination of the high water mark if they are able to provide an alternative determination made by a professionally qualified individual.
   C.   Application Procedures:
      1.   General: All applications for development along the Portneuf River area shall be subject to review by the site plan review committee.
      2.   Submittal Requirements: In addition to the submittal requirements for the proposed use as established elsewhere in this title and this code, the applicant shall supply the following information:
         a.   A plan showing:
            (1)   The area of the proposed activity or use;
            (2)   The proximity of the use or activity to the Portneuf River and the river floodplain;
            (3)   The location and description of existing soil types and vegetation;
            (4)   The location of existing riparian area along the riverbank or other vegetation in nonchannelized areas; and
            (5)   Location of stream bank in nonchannelized areas.
         b.   Explanations, drawings, or photo simulations of the proposed building elevations as viewed from and/or across the river.
         c.   Any additional information deemed necessary by the site plan review committee.
   D.   Review Criteria: Submitted plans shall address the following criteria:
      1.   Public access to and along the river.
      2.   Protection of fish and wildlife habitats.
      3.   Protection of natural and scenic areas, viewpoints, and vistas.
      4.   Protection of the quality of air and water resources in the area.
      5.   Protection of floodways, floodplains, and wetlands in their natural state to maintain their natural, physical, and biological functions.
      6.   Protection of the natural vegetation along the river and enhancement and maintenance of riparian and scenic areas, and protect wildlife and riverbank erosion.
      7.   Compatibility of any public recreational use or facility with established uses on adjoining property.
      8.   Compatibility of any new or modified development with existing uses on the site and in the surrounding area.
   E.   Development Standards: In addition to the standards of the underlying zoning district, the following standards shall apply to all uses and activities along the Portneuf River and its tributaries. If a conflict occurs between these standards and the underlying zoning district or other terms of this chapter or this code, the more restrictive standards shall apply. Proposed development along the Portneuf River and its tributaries shall comply with the following standards:
      1.   Site Modifications: Any disturbance of the existing topography must also be reviewed and approved by appropriate federal or state or city agencies.
      2.   Riparian Vegetation: Riparian vegetation shall be protected according to the provisions outlined below or as outlined in the water resource standards, section 17.04.150 of this chapter. If there is a conflict between the two, the more restrictive shall apply.
         a.   Riparian vegetation shall be preserved, where possible. If removed during development it shall be replaced according to a city approved replanting plan with native riparian or other approved species.
         b.   Trees of eight inches (8") or greater diameter measured at a height of four and one-half feet (4.5') shall be preserved where possible. Removal may be allowed under the following conditions:
            (1)   Where necessary and as approved by the site plan review committee to accommodate a water related or water dependent use; or
            (2)   Where the tree is determined by the city's urban forester to be hazardous or a nondesirable species for a riparian area; or
            (3)   In all cases where tree removal is necessary, replacement trees of a minimum of one and one-half inches (1.5") in caliper shall be provided at the rate of one replacement tree for every four inches (4") of caliper of total trees removed. Replacement trees shall be native or adapted species and shall be approved by the city's urban forester.
         c.   Plans for removal and replacement of riparian vegetation shall be submitted to and approved by the city prior to any excavation, grading, or construction.
      3.   Landscaping: In addition to any landscaping requirements in the underlying district, the following provisions shall apply:
         a.   All setback areas along Portneuf River and its tributaries shall be landscaped except the following:
            (1)   Areas requiring stabilization methods other than landscaping.
            (2)   Areas maintained in native vegetation.
         b.   Required landscaped areas shall be covered by living plant material and shall be maintained by the property owner.
      4.   Setbacks: Setbacks from structures and/or parking lots shall be fifty feet (50') from the ordinary high water mark in nonchannelized areas and thirty feet (30') from the outside edge of the channel wall in channelized areas, or as required by the underlying zoning district, whichever is greater. Such setback areas must be landscaped in accordance with subsection E3 of this section. The greenway trail and trail amenities may be allowed within the setback area.
      5.   Parking And Unenclosed Storage Areas: Parking lots, loading areas, and storage areas located along the Portneuf River shall be screened from the river in accordance with section 17.05.500, "Off Street Parking And Loading Standards", of this title.
      6.   Water Dependent Uses: Setback distances do not apply to water dependent uses that require a riverbank location or water related uses that require direct access to the river. (Ord. 2896, 2011: Ord. 2846 § 1, 2008)