157.271 Shoreland and development standards.
(A) Generally. Shoreland development standards are requirements which apply to uses adjacent to the Nehalem River and Nehalem Bay in the following zones: Marine Residential MR, Commercial C and Low-Density Residential RL.
(B) General standards. The following general standards shall apply.
(1) Setbacks.
(a) The shoreline setback for non-water-dependent structures and accessor used, including parking, shall be 15 feet from the line of non-aquatic vegetation.
(b) If it can be demonstrated that existing structures on adjoining lots infringe on the 15-foot setback, the setback shall be determined by the building line common to the adjacent existing structures; provided that, in no case will the structures be set back less than ten feet without a variance. Further, where stream-bank erosion or flood hazard exists, the required setback will be determined on a case-by-case basis.
(2) Riparian vegetation.
(a) Removal of existing vegetation within the required setback line (15-foot setback) will not be permitted, except for water-dependent development.
(b) Limited removal of vegetation may be made on properties used for non-water-dependent uses only to provide walkways and trails, after being reviewed by the Planning Commission.
(c) Placement or replacement of riparian vegetation may be required by the Planning Commission.
(3) Waterfront access.
(a) Waterfront access for the public such as walkways, trails and landscaped areas will be provided whenever possible.
(b) Subdivision will provide for pedestrian access to the shoreline within the development.
(c) Commercial uses are encouraged to provide access to the waterfront consistent with public safety.
(4) Signs.
(a) Placement of signs for commercial and industrial uses will be done in such a way as to minimize impact on waterfront views.
(b) When feasible, signs should be constructed against buildings.
(5) Lot area. Marsh and other aquatic areas will not be used to compute lot area or density, except behind the proposed Nehalem Community Dike. Marsh area may be used in lot area and lot density calculations should the community dike project be initiated.
(6) Utilities.
(a) Whenever feasible, utility lines will be located underground or along existing rights-of-way.
(b) Above-ground utilities are subject to design review by the Planning Commission.
(c) All above-ground utilities should be designed to minimize view interference and the amount of land clearing.
(7) Architectural design. Uses shall be aesthetically compatible with their waterfront locations and shall relate architecturally to any adjacent historic of scenic structure or areas.
(8) Parking. Parking facilities shall not be located over the water or within 30 feet of the line of non-aquatic vegetation except where parking elsewhere is rendered impractical by topography or constitutes a severe economic hardship, in which case it shall remain as far from the line of non-aquatic vegetation as feasible.
(9) Views. The placement of structures will take into account the impact on views from adjacent areas.
(C) Specific standards. The following specific standards shall also apply.
(1) Aquaculture.
(a) Structures and activities associated with an aquaculture operation shall not interfere with navigation.
(b) Water diversion or other shoreline structures shall be located so as not to interfere with public shoreline access. Public access to the facility shall be provided consistent with safety and security considerations.
(c) Aquaculture facilities shall be constructed to blend in and not detract from the aesthetic qualities of the area. In developed areas, views of upland owners shall be given consideration in facility design.
(d) Water diversion structures or human-made spanning channels shall be constructed so as to maintain stream flows.
(2) Marinas.
(a) Marine facilities shall be designed and constructed so as to minimize negative impacts on navigation, water and air quality, sedimentation rates and patterns, fish rearing or migration routes, important sediment-dwelling organisms, birds, other wildlife, tidal marshes and other important vegetative habitat. The effects on traffic patterns, parking facilities, noise levels and uses in adjacent shoreland and aquatic areas shall be considered.
(b) Unless the developer can demonstrate that existing water quality conditions can be maintained or improved, marinas shall not be allowed in poorly flushed embankments.
(c) The amount of water surface occupied shall be the minimum to meet the need.
(d) Fill, when absolutely necessary shall be permitted only for the water-dependent portions of the facility.
(3) Shoreline stabilization.
(a) Vegetative (non-structural) stabilization will be used unless inappropriate due to a high erosion rate, and inability to accommodate a permitted water-dependent use, or other relevant factors.
(b) Acceptable engineering and construction practices shall be used in the placement of riprap, with regard to slope, size, composition and quality of material, excavation, gravel placement and operation of equipment in water.
(c) Shoreline protection measures shall not restrict existing public access to public shorelines.
(d) Shoreline protection measures shall be designed to minimize the impact on the aesthetic qualities of the shoreline.
(e) Shoreline protection measures shall minimize negative impacts on adjacent property.
(f) Bank-line protection is not in itself a way to increase land surface area.
(1) Where an avulsion has occurred, fill may be used to restore the previous bank-line, so long as the corrective action is initiated within one year of the avulsion.
(2) Any extension of the bank-line into traditional aquatic areas will be considered a fill.
(g) Construction of shoreline protection measures shall be coordinated with state and federal agencies and local interests to minimize the effects on aquatic resources and habitat.
(h) Emergency repair to shoreline stabilization facilities is permitted, consistent with the above standards and subject to those standards imposed by the State Division of State Lands and the U.S. Army Corps of Engineers.
(4) Docks and moorage.
(a) Where a private individual dock or moorage is proposed, the applicant must demonstrate that the alternative moorage sites such as nearby marinas, community docks or mooring buoys are not available and are impractical or will not satisfy the need. Where need is demonstrated, only one boat dock or moorage area will be permitted for each waterfront residence, subdivision or other use, except for a planned development, in which case the Planning Commission may approve more than one moorage facility if appropriate for the proposed development.
(b) The size and shape of the dock or moorage shall be the minimum necessary to fulfill the purpose.
(c) Open moorages are encouraged, except in connection with a commercial or industrial use where shelter is necessary for repair and maintenance of vessels and associated equipment.
(d) Open pile piers or secured floats shall be used for dock construction. (Ord. 80-2, passed 06/14/2010)