Chapter 16.20


16.20.010    Purpose.

16.20.020    Application.

16.20.030    Review of uses.

16.20.040    Required application information.

16.20.050    Review standards and criteria.

16.20.060    Notice of decision.

16.20.070    Definitions.

16.20.010 Purpose.

The purpose of the GM (greenway management overlay) zone is to protect the natural, scenic and recreation qualities of lands along the Willamette River in Marion County; to preserve and allow the restoration of historical sites, structures and facilities along the Willamette River; to implement the goals and policies of the state of Oregon’s Willamette River Greenway Program; to implement goals and policies of Marion County’s Comprehensive Plan; and to establish standards and requirements for the use of lands within the Willamette River Greenway. [Ord. 863 § 5, 1990. UZ Ord. § 20.01.]

16.20.020 Application.

The provisions of this overlay zone shall apply to all lands within the Willamette River Greenway Boundary of Marion County as shown on the official zoning map. The boundary is shown in detail on aerial photo maps on file with the Marion County planning division and the county clerk. Interpretation of the exact location of the boundary shall be made by the zoning administrator from these photo maps. [Ord. 863 § 5, 1990. UZ Ord. § 20.02.]

16.20.030 Review of uses.

Within the GM (greenway management overlay) zone a conditional use permit shall be required for all change or intensification of a use, establishment of structures and site alteration on land or water otherwise permitted in the underlying zone except for the following activities which are not subject to review in this overlay zone:

A. Customary dredging and channel maintenance conducted under permits from the state of Oregon.

B. Seasonal increases in gravel operations as provided under permit from the state of Oregon.

C. The placing by a public agency of signs, markers, aids, etc., to serve the public.

D. Activities to protect, conserve, enhance and maintain public recreational, scenic, historical and natural uses of public lands, as provided in MCC 16.35.100.

E. Erosion control operations not requiring a permit from the Division of State Lands.

F. Farm uses.

G. Reasonable emergency procedures necessary for the safety or protection of property.

H. Maintenance and repair usual and necessary for the continuance of an existing use.

I. Landscaping, propagation of timber, construction of driveways, and the construction or placement of accessory structures other than guest facilities; provided, that such activities are conducted in conjunction with uses already existing on the same property, are accomplished in a manner compatible with the purpose of this zone, and are located at least 30 feet upland from ordinary high water.

J. The partial harvesting of timber in accordance with a plan approval under the Forest Practices Act on lands upland beyond the vegetative fringe.

K. Water intakes and utilities in conjunction with an agricultural use and single-family residences.

L. Private docks and wharfs provided they are:

1. Not more than two feet above water level;

2. Do not include any plumbing or electrical services;

3. Are not more than 75 square feet in area for a facility serving one ownership, excluding boat wells; and

4. No more than 300 square feet in area for a facility serving two or more property ownerships, excluding boat wells. [Ord. 863 § 5, 1990. UZ Ord. § 20.03.]

16.20.040 Required application information.

Information contained in the application and supplied by the applicant shall include but not be limited to:

A. Plot plan showing the following:

1. The proximity of the activity to the Willamette River at low and high water level and the location of the top of the terrace bank.

2. The location of any existing vegetative fringe along the river bank or other significant vegetation.

B. Statements, drawings, or photos of the proposed external appearance of proposed activity as viewed from the river.

C. Statements demonstrating compliance with the provisions of this zone.

D. Any additional information determined by the zoning administrator to be necessary to demonstrate compliance with this zone. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 20.04.]

16.20.050 Review standards and criteria.

In reviewing an application for a greenway development conditional use permit, compliance with the following considerations and criteria shall apply:

A. Significant fish and wildlife habitats shall be protected.

B. Significant natural and scenic areas, viewpoints and vistas shall be preserved.

C. Areas of ecological, scientific, historical or archeological significance shall be protected, preserved, restored or enhanced to the maximum extent possible.

D. The quality of the air, water and land resources in and adjacent to the greenway shall be preserved in the development, change of use or intensification of use of land within the greenway management zone.

E. Areas of annual flooding, floodplains and wetlands shall be preserved in their natural state to the maximum possible extent to protect water retention, overflow and other natural functions.

F. The natural vegetative fringe along the river shall be maintained to the maximum extent that is practical in order to assure scenic quality, protection of wildlife, protection from erosion and screening of uses from the river.

G. Only partial harvesting of timber shall be allowed. It shall be conducted in a manner consistent with the requirements under the Forest Practices Act. Wildlife habitat and the natural scenic qualities of the greenway shall be maintained or be restored. The extent or type of harvest shall be limited as necessary to satisfy the appropriate standards and criteria in this subsection. Harvesting shall only occur beyond the vegetative fringe.

H. The proposed development, change or intensification of use is compatible with existing uses on the site and the surrounding area.

I. Areas considered for development, change or intensification of use which have erosion potential shall be protected from loss by appropriate means which are compatible with the provisions of the greenway management zone.

J. Extraction of aggregate deposits shall be conducted in a manner designed to minimize adverse effects on water quality, fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, noise and safety and to guarantee necessary reclamation.

K. Any public recreational use or facility shall not substantially interfere with the established uses on adjoining property.

L. Maintenance of public safety and protection of public and private property, especially from vandalism and trespass, shall be provided to the maximum extent practicable.

M. Except for water-related and water-dependent buildings and structures, buildings and structures shall be located 30 feet or more upland from the ordinary high water line, unless it can be shown that the parcel size makes meeting this requirement impossible, or significant natural features would be lost if the standard is met.

N. Public access to and along the river shall be considered in conjunction with subdivision, commercial and industrial development and public lands acquisition where appropriate. This access should be located and designed to minimize trespass and other adverse affects on adjoining property.

O. The development shall be directed away from the river to the greatest possible extent.

P. The development, change or intensification of use shall provide the maximum possible landscaped area, open space or vegetation between the activity and the river.

Q. Private docks and wharfs shall be limited to 300 square feet of area, excluding boat wells. The dock or wharf may be roofed provided the height does not exceed eight feet above water level and the support structure is not sight-obscuring. There shall not be more than one dock or wharf per lot. Walkways to the dock or wharf shall be not more than five feet wide.

R. Houseboats and houseboat moorages shall not be allowed in the greenway management overlay zone. [Ord. 863 § 5, 1990. UZ Ord. § 20.05.]

16.20.060 Notice of decision.

In addition to the request for comments provided in MCC 16.36.090(C) and notice required in Chapter 16.37 MCC, notice of decision approving conditional uses or adjustments in the greenway management overlay zone shall be sent to the Oregon Parks and Recreation Department in the same manner as required in Chapter 16.44 MCC for a person requesting notice of a decision in writing. [Ord. 1301 § 4 (Exh. A), 2010; Ord. 863 § 5, 1990. UZ Ord. § 20.06.]

16.20.070 Definitions.

The following definitions shall be used in administering this overlay zone:

A. “Change of use” means making a different use of the land than that which existed on December 6, 1975. It includes a change which requires construction, alterations of the land, water or other areas outside of existing buildings or structures and which substantially alters or affects the land or water. It does not include a change of use of a building or other structure which does not substantially alter or affect the land or water upon which it is situated. The sale of property is not in itself considered to be a change of use. An existing open storage area shall be considered to be the same as a building. Landscaping, construction of driveways, modifications of existing structures, or the construction or placement of such subsidiary structures or facilities as are usual and necessary to the use and enjoyment of existing improvements shall not be considered a change of use.

B. “Intensification” means any additions which increase or expand the area or amount of an existing use, or the level of activity. Remodeling of the exterior of a structure not excluded below is an intensification when it will substantially alter the appearance of the structure. Maintenance and repair usual and necessary for the continuance of an existing use is not an intensification of use. Reasonable emergency procedures necessary for the safety or the protection of property are not an intensification of use. Residential use of lands within the greenway includes the practices and activities customarily related to the use and enjoyment of one’s home. Landscaping, construction of driveways, modification of existing structures or construction or placement of such subsidiary structures or facilities adjacent to the residence as are usual and necessary to such use and enjoyment shall not be considered an intensification for the purpose of this goal. Seasonal increases in gravel operations shall not be considered an intensification of use.

C. “Water-dependent” means a use or activity which can be carried out only on, in or adjacent to water areas because the use requires access to the water body for waterborne transportation, recreation, energy production or source of water.

D. “Water-related” means uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories and trailer parks are not generally considered dependent on or related to water location needs.

E. “Vegetative fringe” means a line generally parallel with the water line at least 30 feet upland from the ordinary high water mark, including riparian and other vegetation, screening upland development or activity areas from visibility from the water surface in the summer months.

F. “Partial harvesting of timber” means a timber harvest that leaves at least 25 percent of the trees at least six inches DBH standing beyond the vegetative fringe. [Ord. 863 § 5, 1990. UZ Ord. § 20.07.]