Chapter 17.46
NATURAL RESOURCE OVERLAY (NR) ZONE
Sections:
17.46.050 Natural resources development review.
17.46.060 Natural resources development variance.
17.46.070 Existing structures and uses.
17.46.100 Plan amendment option (ESEE).
17.46.010 Purpose.
The purpose of the natural resources overlay zone is to conserve, protect, where appropriate develop, and where appropriate restore the resources and benefits of natural resources, recognizing their value for protection and maintenance of water quality, fish and wildlife habitat, water-dependent uses, economic resources, recreation and aesthetics. (Ord. 2022-15 § 26; Ord. 2000-11 § 6; Ord. 84-2 § 3.111(1))
17.46.020 Definitions.
Repealed by Ord. 2022-15. (Ord. 2004-05 § 3; Ord. 2000-11 § 6; Ord. 84-2 § 3.111(2))
17.46.030 Application.
A. The provisions of this chapter are to be applied in conjunction with the provisions of the underlying zone. Where the provisions of the natural resource overlay zone conflict with those of the underlying zone, the more restrictive provisions must be applied.
B. Limitation on Extent of Significant Riparian Areas. The significant riparian area extends a certain distance upland from the ordinary high water mark and includes everything within the area between the ordinary high water mark and the upper edge of the significant riparian area, to a maximum distance of 50 feet. If the area of transition extends less than 50 feet from the ordinary high water mark, then the significant riparian area will be less than 50 feet in width. The significant riparian area may be more than 50 feet if the significant riparian area is adjacent to a significant wetland or wetland, in which case the maximum 50-foot distance is to be measured from the upland edge of the wetland or significant wetland. If it is necessary, for purposes of an application, to determine the extent of a significant riparian area, the property owner is responsible for having a qualified professional conduct a delineation to determine the riparian area or significant riparian area boundaries. (Ord. 2022-15 § 28; Ord. 2004-05 § 3; Ord. 2000-11 § 6; Ord. 84-2 § 3.111(3))
17.46.040 Uses allowed.
A. By Underlying Zoning. Except as limited below, the uses allowed in the natural resource overlay zone are the same as, and only, those allowed by the underlying zoning.
B. In the Natural Resource Overlay Zone. All development is excluded from the natural resource overlay zone, with the following exceptions:
1. Development for which a natural resources development variance has been obtained through the provisions of LCMC 17.77.112.
2. Development that will occur on a portion or portions of the property that are in the natural resource overlay zone but that do not contain any wetlands, riparian areas, or wildlife areas, as proven in a current (within six months of submitting a natural resources development review application) delineation report as follows:
a. Within six months prior to submitting a natural resources development review application, the entire site must be studied and included in a delineation report prepared by a qualified professional. All wetlands, riparian areas, and wildlife areas on the property must be identified in the report with locations and boundaries mapped. The delineation report must be submitted to the Oregon Department of State Lands, and a valid concurrence from the Oregon Department of State Lands must accompany the natural resources development review application.
b. The qualified professional shall recommend a buffer as part of the delineation report and compliance with the buffer shall be required as part of the natural resources development review.
3. The following uses are allowed outright:
a. Uses not involving a structure and which do not impede native riparian vegetation growth, result in removal of native riparian vegetation, alter hydrology, introduce sediment, lead to erosion, or involve ground disturbance or impervious surfaces.
b. Mowing of lawns existing on the effective date of the ordinance codified in this chapter (but not expansion of lawns into significant natural resources), and other cutting necessary for hazard prevention.
c. Pedestrian footbridge, provided installation and maintenance do not disturb the natural resource function and do not involve removal of riparian vegetation, require development below the ordinary high water mark, or result in sedimentation or erosion.
d. Riparian restoration activities limited to the planting of native riparian vegetation and the removal of non-native understory species. Removal of non-native understory species must be accompanied by replanting with native riparian vegetation or maintenance of remaining vegetation such that bare soil is not exposed and non-native species are not allowed to establish themselves.
e. Trimming and pruning of vegetation in a way that does not reduce the survivability or root strength of the vegetation.
4. The following uses are allowed subject to compliance with the following activity standards. Failure to comply with the activity standards may result in fines and mandatory mitigation requirements.
a. Activity Standards.
i. For in-water work the responsible party must follow the Oregon Department of Fish and Wildlife guidelines for in-water work.
ii. The responsible party may not remove native vegetation except for that in the space occupied by the use.
iii. Within six months of vegetation removal, the responsible party must replant areas from which vegetation is removed with native vegetation at densities at least equaling those of the removed vegetation, unless vegetation would not allow the use to function.
iv. The responsible party must keep sediment from entering the water area.
v. The responsible party must obtain all required federal and state permits (e.g., U.S. Army Corps of Engineers permit, Oregon Water Resources Department permit, Division of State Lands fill/removal permit).
b. Uses.
i. Replacement drainage facilities, utility facilities, domestic and irrigation water pumps, and minor facilities authorized by the Oregon Water Resources Department (such as stream gauges).
ii. Vegetation removal for maintenance of existing bridges, roads, clear-vision areas as described in LCMC 17.52.060, drainage facilities, domestic or irrigation pumps, utility facilities, and facilities approved by the Oregon Water Resources Department; provided, that trees are not trimmed in a manner that causes them to die (unless complete removal of the tree is necessary to avoid imminent hazard to the use).
iii. Replacement of a stream crossing (bridge or culvert) or expansion of an existing land transportation facility within an existing right-of-way, provided all applicable Oregon Department of Fish and Wildlife fish passage guidelines are followed.
iv. Dock or moorage.
v. Water-dependent uses, where permitted in the underlying zone. (Ord. 2022-15 § 29; Ord. 2004-05 § 3; Ord. 2000-11 § 6; Ord. 84-2 § 3.111(4))
17.46.050 Natural resources development review.
A property owner must apply for a natural resources development review prior to the commencement of any development on property within the natural resource overlay zone. If the natural resource overlay zone applies to a portion of a parcel, a natural resources development review is required only for that portion of a development located inside the natural resource overlay zone. If the natural resource overlay zone applies to a portion of a parcel and no development is proposed within the natural resource overlay zone, then a natural resources development review is not required. No development within the natural resource overlay zone may occur until the natural resources development review has been approved. (Ord. 2022-15 § 30; Ord. 2000-11 § 6; Ord. 84-2 § 3.111(5))
17.46.060 Natural resources development variance.
A natural resources development variance must be granted per the provisions of LCMC 17.77.112 for all permitted uses not specified in LCMC 17.46.040 prior to any development occurring within the natural resource overlay zone. (Ord. 2022-15 § 31; Ord. 2004-05 § 3; Ord. 84-2 § 3.111(6))
17.46.070 Existing structures and uses.
Existing structures and uses that are not allowed in the natural resource overlay zone may be continued at the size and intensity at which they were legally established. These existing structures and uses may be expanded in area or intensity within the significant natural resource only with approval under LCMC 17.46.060. Expansion (in size or intensity) of structures or uses where the expansion occurs entirely outside of the significant natural resource is allowed to the extent allowed by the underlying zoning. (Ord. 2004-05 § 3; Ord. 2000-11 § 6; Ord. 84-2 § 3.111(7))
17.46.080 Lot creation.
Any lot or parcel created must contain sufficient building area outside the natural resource overlay zone to allow for development without requiring reduction of the natural resource area. Lots or parcels created or modified after the effective date of the ordinance codified in this chapter so as to no longer contain sufficient buildable area outside the natural resource overlay zone to allow for development without requiring reduction of the natural resource area are not eligible for the small lot exclusion reduction or variance provided for in LCMC 17.46.060. (Ord. 2004-05 § 3; Ord. 2000-11 § 6; Ord. 84-2 § 3.111(8))
17.46.090 Claims of map error.
Repealed by Ord. 2022-15. (Ord. 2000-11 § 6; Ord. 84-2 § 3.111(9))
17.46.100 Plan amendment option (ESEE).
Any owner of property on which development otherwise would be limited by the natural resource overlay zone may apply for a Type III comprehensive plan map amendment. The amendment must be based on a specific development proposal. The effect of the amendment would be to remove the mapped natural resource overlay zone from all or a portion of the property. The applicant must demonstrate that an amendment is justified by completing an environmental, social, economic, and energy (ESEE) consequences analysis in accordance with Oregon Department of Land Conservation and Development administrative rules (OAR 660-23-040). If the application is approved, then the ESEE analysis will be incorporated by reference into the city comprehensive plan and the significant natural resources map will be amended to remove the significant natural resource and the natural resource overlay zone from the map and inventory. If the application is approved, the city at its discretion may impose conditions on any resulting development approval in order to ensure that the development is consistent with the ESEE analysis. The ESEE analysis must comply with the following requirements:
A. The ESEE analysis must demonstrate that the adverse economic consequences of not allowing the conflicting use are sufficient to justify the loss, or partial loss, of the resource.
B. The ESEE analysis must demonstrate why the use cannot be located on buildable land outside of the significant natural resource and that no other sites within the city can meet the specific needs of the proposed use.
C. For resources located within the Goal 17 planning area, in addition to the above requirements, the ESEE analysis also must address the Goal 2 exception process as set out in OAR Chapter 660, Division 004. (Ord. 2022-15 § 33; Ord. 2000-11 § 6; Ord. 84-2 § 3.111(10))