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(A) Purpose and areas included.

(1) Provide for long-term maintenance, enhancement, expansion or creation of structures or facilities for navigational and other water-dependent commercial, industrial or recreation uses;

(2) Provide for the expansion or creation of other commercial, industrial or recreational facilities; subject to the general use priorities outlined within this section; and

(3) The ED Zone includes the following areas within development estuaries:

(a) Areas that contain public facilities that are utilized for shipping, handling or storage of water-borne commerce or for moorage or fueling of marine craft;

(b) 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 basis);

(c) Areas of minimum biologic significance needed for uses requiring alteration of the estuary not included in EN, ECA, EC1 or EC2 Zones; and

(d) Where an acknowledged Goal 16 exception has been taken, areas of biologic significance which are potentially suitable for commercial, recreational or industrial development due to their proximity to subtidal channels, developed or developable shorelands or developed estuarine areas, and to the availability of services.

(B) Uses permitted with standards. The following uses are permitted subject to the procedure of § 157.215 of this chapter and standards in § 157.216 of this chapter:

(1) Maintenance and repair of existing structures or facilities involving a regulated activity;

(2) Navigational structures and navigational aids;

(3) Water-dependent commercial uses, including docks, moorages and marinas for commercial marine (including seaplanes);

(4) Water-dependent industrial uses, including:

(a) Piers, wharves and other terminal and transfer facilities for passengers or water-borne commerce such as fish, shellfish, timber and timber products, machinery or equipment;

(b) Water intake and discharge structures; and

(c) Water access structures or facilities which require access to a water body as part of the manufacturing, assembly or fabrication or repair of marine craft or marine equipment due to the size of the craft or equipment.

(5) Water-dependent public recreational facilities including:

(a) Boat ramps; and

(b) Docks, moorages and marinas for recreational marine craft (including seaplanes).

(6) Aquaculture and water-dependent portions of aquaculture facilities;

(7) Other water-dependent when it can only be carried out on, in or adjacent to water; and the location or access is needed for:

(a) Water-borne transportation;

(b) Recreation; and

(c) A source of water (such as energy production, cooling of industrial equipment or waste water, or other industrial processes).

(8) Accessory uses or accessory structures in conjunction with a permitted with standards use listed above in this subchapter; limited in size to a maximum of 10% of the lot or parcel size;

(9) Vegetative shoreline stabilization;

(10) Structural shoreline stabilization;

(11) Tide gate installation in existing functional dikes adjacent to ED zones;

(12) Water, sewer, gas or communication lines;

(13) Electrical distribution lines and line support structures;

(14) Temporary dikes for emergency flood protection;

(15) New dike construction if:

(a) Required for a water-dependent use for which a substantial public benefit is demonstrated; the use or alteration does not unreasonably interfere with public trust rights and for which no practicable upland locations exist; and

(b) Adverse impacts are avoided or minimized to be consistent with the resource capabilities and purposes of the area.

(16) Temporary low water bridges;

(17) Signs subject to §§ 157.325 through 157.333 of this chapter;

(18) Temporary alterations;

(19) Active restoration or estuarine enhancement; and

(20) Bridge crossing support structures.

(C) Uses permitted conditionally. The following uses may be permitted subject to the procedures of §§ 157.215 and 157.345 through 157.354 of this chapter, the standards in § 157.216 of this chapter and only after a finding that the proposed facility does not preclude or unduly conflict with water-dependent use on the site or in adjacent water-dependent development shorelands; and is consistent with the resources capabilities of the area:

(1) Water-related uses not requiring the use of fill. A use is determined to be water-related when the use:

(a) Provides goods and/or services that are directly associated with water-dependent uses (supplying materials to, or using products of, water-dependent uses); 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 will involve a subjective consideration of economic, social and environmental consequences of the use.

(2) Water-related uses can include, but are not limited to, the following:

(a) Water-related industrial uses such as:

(1) Fish or shellfish processing plants; or

(2) Warehousing and/or other storage areas for marine equipment or water-borne commerce.

(b) Water-related commercial uses, such as:

(1) Fish or shellfish retail or wholesale outlet;

(2) Marine craft or marine equipment sales establishments;

(3) Charter fishing offices;

(4) Sport fish cleaning, smoking or canning establishments;

(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; and

(6) Restaurants which provide a view of the waterfront and which are in conjunction with water-dependent or other water-related uses; such as a seafood processing plant or a charter office.

(c) Non-water dependent and non-water-dependent uses not requiring the use of fill;

(d) In-water sorting, storage and handling of logs in association with water-borne transportation of logs;

(e) Accessory uses or accessory structures in conjunction with a conditional use listed in this section, limited in size to a maximum of 10% of the lot or parcel size;

(f) Mining and mineral extraction;

(g) Storm water and sewer outfalls;

(h) Water-related, non-dependent or non-related uses requiring the use of fill; provided that a Goal 16 exception has been approved and included as an amendment to the County Comprehensive Plan; and

(i) Boat docks on parcels without residences.

(D) Regulated activities. The following regulated activities are permitted subject to the procedure of § 157.215 of this chapter and the standards in § 157.216 of this chapter:

(1) Regulated activities in association with on-site maintenance and repair of existing structures or facilities;

(2) Dredging for:

(a) Navigational improvements;

(b) Maintenance dredging of existing facilities;

(c) Water-dependent uses;

(d) Water-dependent portions of aquaculture facilities or aquaculture operations;

(e) Mining and mineral extraction;

(f) Bridge crossing support structure installation;

(g) Water, sewer, gas or communication line installation;

(h) Outfall installation;

(i) Electrical distribution line installation; and

(j) Tide gate installation in existing functional dikes adjacent to ED Zones.

(3) Fill for:

(a) Water-dependent uses;

(b) Water-dependent portions of aquaculture facilities;

(c) Navigational structures or navigational improvements;

(d) Structural shoreline stabilization;

(e) Bridge crossing support structures;

(f) Water-related or non-water-dependent uses in areas where Goal 16 exceptions have been taken; and

(g) New dike construction.

(4) Piling and dolphin installation in conjunction with a permitted with standards or conditional uses within this zone;

(5) Riprap for structural shoreline stabilization or protection of utility lines allowed by this zone;

(6) 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;

(7) Flow-land disposal of dredged material, subject to state and federal permit requirements;

(8) Regulated activities in conjunction with an approved active restoration or estuarine enhancement project;

(9) Incidental dredging for harvest of benthic species or removal or in-water structures such as stakes or racks; and

(10) Regulated activities in conjunction with temporary alternatives. (Ord. 80-2, passed 06/14/2010)