Chapter 17.44 MARINE WATERWAY (MW) ZONE

Chapter 17.44
MARINE WATERWAY (MW) ZONE

Sections:

17.44.040 Standards for conditional uses.

17.44.010 Purpose.

The marine waterway zone (MW) is provided to accommodate those marine uses which have a definite relationship either to the community’s recreation industry or to the marine life of Devils Lake. (Ord. 84-2 § 3.100(1))

17.44.020 Uses permitted outright.

In an MW zone the following are given as examples of those uses which meet the intent of this zone:

A. Wildlife or marine life sanctuary or preserve;

B. Marine life raising or production area;

C. Marine recreation activities such as fishing and boating;

D. Navigation activities;

E. Essential emergency communications, early warning and associated emergency facilities;

F. Transportation uses, defined in Chapter 17.08 LCMC. (Ord. 2019-24 § 15; Ord. 2017-09 § 11; Ord. 2005-14 § 11; Ord. 84-2 § 3.100(2))

17.44.030 Conditional uses permitted.

In an MW zone, the following are given as examples of those uses which meet the intent of this zone on a conditional basis:

A. Governmental structure or use;

B. Park or similar public recreation area;

C. Public utility facility;

D. Any use permitted in the MW zone involving filling, dredging, draining, disposal of dredging spoils, and similar activities;

E. Any use permitted in the MW zone involving construction, addition or reconstruction of piers, docks, bulkheads, boat houses or similar facilities;

F. Nonresident structure used in connection with the raising or production of marine life. (Ord. 84-2 § 3.100(3))

17.44.040 Standards for conditional uses.

In the MW zone, or any other zone referencing these conditional use standards, the applicable provisions of this section shall apply. The standards for conditional uses shall be as follows:

A. Standards for Uses Involving Filling, Dredging, Drainage, Disposal of Dredging Spoils, and Similar Activities or Construction of Wharfs, Bulkheads or Similar Devices.

1. Evidence shall be provided that the applicant has complied with, or fully intends to comply with, all standards of the Department of Environmental Quality, the Division of State Lands, and all other agencies having interests or ordinances applicable to the property in question.

2. The activity shall not represent a source of water pollution to any nearby tidelands, marshlands, rivers, streams or other waterways used for the raising, production or preservation of marine life or other natural resources.

3. Any filling or dredging activity shall not substantially alter the course of any channel or the natural movement of any waters, result in increased flood hazards, or cause the formation of appreciable bottom or sludge deposits deleterious to marine life.

4. Any fill or dredging spoil area shall be deposited behind a watertight berm to avoid any sloughing and to stabilize the area.

5. If a fill is proposed of which any portion falls below mean higher high water or mean high water plus six feet, whichever is highest, and which is adjacent to or having potential access to a navigable waterway, the developer shall designate on the plan a portion of the parcel to remain unfilled for possible off-channel moorage or similar use. The size of the area to remain unfilled shall be determined on the basis of the need generated by proposed or anticipated uses on the fill, and shall be not less than 20 percent of that portion of the parcel lying below the highest above-mentioned elevation. The location and design of the unfilled portion shall be approved by the planning department.

6. Applications for a permit for filling, dredging or similar activities shall include:

a. The source of the applicant’s right to fill or dredge;

b. The purpose of the proposed operation;

c. The legal description of the area where the operation will take place;

d. The depth to which dredging or filling is to take place and the proposed angle of slope;

e. The manner in which material will be dredged or used for fill and the type of material to be used;

f. The method to be used to stabilize the dredge or fill area;

g. A map showing the plan of dredging or filling and the uses proposed for the area;

h. The time when the project is scheduled to begin and to be completed.

In taking action, the planning department may consult any state, federal or local agency it feels appropriate for consultation and advice.

B. Standards for Uses Involving Construction, Addition or Reconstruction of a Pier, Dock, Boat House or Similar Facility.

2. The facility or any use related to it shall not allow any water pollution to occur to any nearby tidelands, marshlands, rivers, streams or other waterways used for the raising, production or preservation of marine life or other natural resources.

3. The facility shall not substantially alter the course of any channel or the natural movement of any waters or result in increased flood hazards, or the formation of appreciable bottom or sludge deposits deleterious to marine life, and shall meet all of the following requirements:

a. No dock, pier or similar facility shall extend into any watercourse more than 25 feet from ordinary low water line nor 50 feet from ordinary high water line, unless it can be shown that such extension is necessary and will not increase flood hazards or create other problems such as the deterioration or destruction of marine life or wildlife habitat as a result of the extension.

b. No dock, pier or similar facility shall extend into the navigable channel any distance greater than required for safe moorage and shall be designed so as to minimize potential flood hazard and loss of navigable waterway area.

c. No pier, dock or similar facility shall extend into any watercourse more than five percent of the width thereof as measured perpendicular from the mean low water line on one side of the watercourse to the mean low water line on the opposite side.

4. No plumbing facilities for the handling of domestic or industrial waste shall be part of the facility unless approved by the city manager or design.

5. Application for a permit for a pier, dock, bulkhead, boat house, or similar facility shall include:

a. The source of the applicant’s right to construct the facility;

b. The purpose of the facility;

c. The legal description of the area where the facility will be located;

d. A map and drawings, showing the plan for construction of the facility. Such plan shall include a vicinity map drawn to scale showing location and design of similar facilities and other development within 250 feet of the parcel upon which the improvement is proposed;

e. The time when the project is scheduled to begin and to be completed.

6. Plans for a pier, dock, boat house, or similar facility shall meet the following requirements:

a. In new subdivisions considered by the planning commission following the adoption of the ordinance codified in this title, docks having less than 10 moorage spaces will be approved only in the instance that no other public or private means of launching or moorage is available or can be developed within 1,000 feet of the site in question.

b. Facilities being proposed in areas where it is likely that additional similar structures will be desired shall be designed to be combined into joint facilities whenever possible.

c. The design of moorages must provide sheer logs or similar devices for fending debris. Such improvements need not be maintained during periods where there is no danger of flood water.

d. Docks shall have the long dimension running parallel to the channel unless future development will result in pier construction or moorages being connected, necessitating facility design perpendicular to the channel. The width of those portions of such facilities shall be the minimum dimension required to provide safe access and moorage.

e. One dock shall not be closer to another dock than the length of the shorter structure or 25 feet, whichever distance is greater.

f. Additionally, docks allowed with conditional use approval in the GC, TVC, OS, P, RM, RC, and R1 zoning districts, must meet the following requirements and standards:

i. Total area of dock on water must not exceed 144 square feet with a width not exceeding six feet and a length not exceed 24 feet.

ii. No part of the dock can be covered or enclosed, such as but not limited to boat houses, sheds, fish cleaning stations, kayaks, canoes, hot tubs, and/or benches.

iii. Docks must have at least 50 percent of the float surface composed of grating containing at least 60 percent open space surface.

iv. The ramp/gangway of the dock must be 100 percent grated to allow light to pass through. Ramp width must not exceed five feet. The ramp square footage is not included in the total dock area square footage.

v. Grated surfaces on the docks must not be used for storage (e.g., boats, benches, kayaks, fish cleaning stations, etc.) or other purposes that will reduce natural light penetration through the dock.

vi. Treated wood is not allowed as a construction material for docks or ramps. Treated wood is lumber, pilings, and other wood products preserved with alkaline copper quaternary (ACQ), ammoniacal copper arsenate (ACA), ammoniacal copper zinc arsenate (ACZA), copper naphthenate, chromated copper arsenate (CCA), pentachlorophenol, or creosote.

vii. Oregon law requires encapsulation of expanded polystyrene foam flotation used in state waters. Encapsulation methods and materials must be approved by the Oregon State Marine Board prior to installation of foam flotation.

viii. All pilings must be fitted with devices to prevent perching by piscivorus birds.

ix. All work must be completed in accordance with the Oregon Department of Fish and Wildlife Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources.

x. There must be minimal disturbance to any buried, submerged, or floating woody debris removal during construction.

xi. For piling removal, dislodge the piling with a vibratory hammer, when possible, to avoid a pile break by twisting or bending. A floating surface boom may be necessary to capture floating surface debris. (Ord. 2019-23 § 1; Ord. 2010-05 § 3; Ord. 84-2 § 3.100(4))