The purpose of the conditional use process is to review various uses in a public hearing and to apply criteria or standards in order to prevent future conflicts. The Chapter 10 allows a wide range of uses in each zone. The criteria and standards are intended to be applied fairly, in order to carry out the goals and policies of the Comprehensive Plan and this Chapter.

The Planning Commission shall have the authority to approve, approve with conditions, or disapprove conditional use permit applications in accordance with the criteria and standards set forth. Decisions of the Planning Commission may be appealed to the City Council in accordance with Section 10.12.140.

The Planning Commission may set a time limit for the operation or continuance of conditional uses. The time limit shall be automatically renewed without complaint being registered or violation of the conditions of approval. Complaints signed by three or more persons shall be filed with the City Recorder, who shall then schedule a public hearing for the review of the conditional uses. After the hearing, the Planning Commission shall determine if:

1. the conditional use may be allowed to continue;
2. additional conditions are necessary for the continuation of the use; or
3. the use shall be discontinued. All standards established by this Chapter or required as a condition in granting a conditional use permit must be met within 30 days after occupancy of the building, structure, or addition.
   

In permitting a new conditional use or the alteration or extension of an existing conditional use, the Planning Commission shall use the following considerations in review of applications:

1. Conformance with the goals and policies of the Comprehensive Plan and the standards and policies of the zone.
2. Compatibility of the conditional use with the surrounding area or neighborhood in terms of lot size, building height or bulk, traffic circulation, parking, provision of signs, buffering, screening, landscaping, open space, control of smoke, glare, noise, or hours of operation.

Work shall commence within six months of the granting of a conditional use permit. Upon application, the Planning Commission may grant one six-month extension.

The following procedures shall be used in applying for and acting on a Conditional Use Application:

1. A property owner or his/her agent may request a conditional use or modification of an existing conditional use by filing an application with the City Recorder using forms prescribed by the City.
2. The City Planner shall schedule a hearing before the Planning Commission within thirty (30) days of receipt of the application or at the next regular meeting, if there is sufficient time for the notice of public hearing.
3. The Planning Commission shall make a decision on the request and shall determine whether the evidence supports a finding that the required criteria have been met, and shall approve, approve with conditions, or deny the application accordingly. Their approval or denial shall be in writing and shall include express written findings on each of the applicable criteria.

1. Multifamily Dwellings:
   1. Structures shall meet the lot coverage, open area, and where applicable, common open space requirements of the zone in which they are located.
   2. Developments shall meet the special development standards for multifamily dwellings in Section 10.11.040.A.
2. Schools:
   1. Day care centers or nursery schools shall provide and maintain at least 100 square feet of outdoor play area per child. A sight-obscuring screen or buffer shall separate the play area from abutting lots or streets.
   2. Elementary schools shall provide a basic site area of 5 acres plus one additional acre for each 100 pupils of predicted ultimate enrollment.
   3. Secondary schools shall provide a basic site area of 10 acres plus one additional acre for each 100 pupils of predicted ultimate enrollment.
3. Public Utility or Communication Facility:
   1. The proposed site is best located to serve the intended area with a minimal effect on surrounding property.
   2. Structures such as towers, tanks, poles, overhead wires, pumping stations, and similar equipment shall be located so as not to degrade scenic views from a street or private property, particularly along the bayshore.
   3. All equipment storage or materials shall be buffered, screened, or fenced, or kept within a structure.
4. Recreation Vehicle Park and Campground:
   1. Recreation Vehicle (RV) parks or camping areas shall be in conformance with the standards of the Oregon Health Department, and in conformance with the standards and policies of the zone in which they are located.
   2. RV parks shall be at least 3 acres in size.
   3. RV parks shall be connected to city services, including sewer, water, and storm drainage. Parks shall also be connected to power and communications service. The ratio of lavatories and toilet facilities to RV spaces shall be prescribed by state law.
   4. The average square footage of RV spaces shall be at least 1500 square feet, and the individual RV spaces shall not be less than 1000 square feet. Square footage shall be calculated by excluding streets, driveways, restrooms, or common open space areas.
   5. Streets or private drives shall be surfaced with asphaltic concrete or oil mat surfacing material.
   6. Buffers and screening in accordance with Section 10.10.020 shall be required in order to separate RV parks from surrounding uses or public streets or roads. A sight obscuring fence or plantings shall be required except in clear vision areas.
   7. Where existing tree cover is present, it shall be retained on the site. Camping spaces shall be constructed so as not to harm root systems by fill.
   8. Camping spaces, restrooms, parking areas and other structures or alterations shall be at least 50 feet from streams or bodies of water to maintain riparian vegetation and the scenic values of the area. Public access shall be maintained to the water.
   9. At least 25% of the overall site shall be maintained in landscaped open area or natural vegetation. Buffers, screening, forested areas, or common open areas may be considered part of this requirement.
   10. All RV Parks in the Moderate and Shoreland 3 Intensity Zones shall abut U.S. Highway 101 and shall be appropriately buffered from surrounding residences. Landscaping and access control shall be required. Access to RV Parks shall be off of side streets, rather than directly off of U.S. 101.
   11. No RV shall be located in a RV Park for more than 120 days in any calendar year. "Located" means living, repairing, or storing the RV within the RV Park.
   12. A Yurt may be allowed within a properly permitted Recreational Vehicle Park and Campground consistent with the standards of Bay City Development Chapter 10 paragraph O Yurt of this Section. A Yurt within a Recreational Vehicle Park and Campground may not be occupied as a residential dwelling.
5. Primary Commercial Uses:
   1. Primary commercial (non-water dependent or related) uses are defined as small establishments intended to serve daily or frequent trade or service needs of the city or a localized area, as opposed to highway oriented or high traffic impact uses. Such uses include small grocery stores, laundries, repair shops, beauty shops, and similar uses. Excluded are large retail outlets, automobile service stations, and drive-in eating or drinking establishments.
   2. As a guideline, no such establishment shall be permitted closer than 500 feet from a zone in which it is permitted outright, in order to prevent the sprawl of primary commercial centers.
6. Commercial Uses - High Traffic Generation:
   1. Commercial uses requiring large land area or capable of generating high traffic volumes include auto service stations, car lots, lumber yards, manufactured dwelling sales, or large retail outlets.
   2. Uses shall be located on an arterial street, or at the intersection of two collector streets in order to lessen traffic impacts on residential areas. Access shall be designed to provide ingress or egress on non-residential streets.
7. Commercial Recreation:
   1. Commercial recreation with high traffic volumes shall have access onto an arterial street and provide access on non-residential streets.
   2. Structures associated with low intensive recreation uses, such as club houses or indoor tennis courts, shall be designed to be compatible with the surrounding landscape and adjacent uses.
   3. Uses which could potentially generate high traffic volumes, such as spectator events, shall not be allowed.
8. Eating or Drinking Establishments: Eating or drinking establishments shall be small scale and shall be intended for local or neighborhood use. Restaurants in conjunction with motels may be of a size necessary to accommodate the traveling public. Restaurants with drive-in service shall be permitted only in the South High Intensity Zone. Restaurants with facilities that accommodate late night entertainment shall be reviewed as provided in Section 10.10.150, Architectural Review.
9. Forest Management Practices:
   1. Purpose: The purpose of this section is to ensure that forest practices are carried out in a manner that will protect soil integrity, water quality, fish and wildlife habitat, riparian vegetation, significant natural resources, scenic values and adjacent urban uses.
   2. Applicability: The following activities are considered forest management practices and are subject to the provisions of this section:
      1. Harvesting of trees for commercial purposes including but not limited to falling, bucking, yarding, decking, loading or hauling of such trees.
      2. Construction, reconstruction and improvements of roads as part of a forest harvesting operation.
      3. Site preparation for reforestation involving clearing or the use of heavy machinery.
      4. Clearing of forest land for conversion to a non-forest use.
      5. Disposal and treatment of slash.
      6. Precommercial thinning.
   3. Exceptions: The removal of trees in accordance with Section 7.04 (Tree Cutting) is not considered a forest management practice.
   4. Forest Management Plan Approval Required:
      1. As part of a conditional use application, a forest management plan prepared by a forester shall be submitted.
      2. The written forest management plan shall contain specific information applicable to the proposed operation. Elements of the plan shall include, but not be limited to, the location of roads and landings, road and landing design and construction, drainage systems, disposal of waste material, falling and bucking, buffer strips, yarding system and layout, sensitive resource site protection measures and post operation stabilization measures.
      3. The applicant shall select a qualified forester to prepare the plan. The applicant shall bear the cost of the plan preparation as well as the cost of monitoring the forest management operation. The City may select a qualified forester to review the plan and pass the cost onto the applicant.
      4. The forest management plan shall conform to the standards of paragraph I.3 of this section.
      5. In the preparation of the forest management plan, the forester shall consult with state and federal agencies concerned with the forest environment, such as the Department of Fish and Wildlife, to obtain relevant information.
      6. The landowner and/or operator shall comply with the approved forest management plan.
      7. Modifications to the approved plan shall be reviewed by the planning commission. Modification of an approved plan shall be required when, based on information that was not available or known at the time of the approval, the forester determines the approved plan will no longer provide adequate protection to the natural resources of the site.
      8. The forester shall monitor the forest operation to ensure that it is carried out in accordance with the approved plan. Upon completion of the operation the forester shall prepare a report certifying that the operation was carried out in compliance with the approved plan.
   5. Standards: Forest management plans shall be prepared in conformance with the following standards:
      1. Only selective harvesting of trees is permitted.
      2. A riparian zone shall be maintained adjacent to Type D, Type F, and Type N waters. Section 10.06.100(B)12 and Section 10.10.010(C) of the Development Code define the required setbacks in the riparian zone. There shall be no harvesting of trees in the riparian zone. Other activities in conjunction with forest practices, such as road construction, in the riparian zone shall be permitted only where there are no other feasible alternatives. The definitions of Type D, Type F, and Type N waters shall be those established in the Forest Practices Rules.
      3. Existing stream courses shall not be altered.
      4. No forest management operations shall occur in identified wetland areas.
      5. Where a forest operation is to be located within six hundred feet of a specific site involving a threatened or endangered species (as listed by the U.S. Fish and Wildlife Service or the Oregon Department of Fish and Wildlife) or a sensitive bird nesting, roosting or watering site, a specific habitat protection plan shall be prepared in consultation with the Oregon Department of Fish and Wildlife.
      6. There shall be no mining or mineral extraction as part of a forest operation.
      7. Forest practices shall not involve the application of herbicides, insecticides or rodenticides.
      8. Slash shall be controlled in a manner that does not require burning.
      9. Road construction shall be in accordance with the criteria of the Oregon Forest Practices Rules.
      10. Harvesting of trees shall be in accordance with the criteria of the Oregon Forest Practices Rules.
      11. Reforestation of lands intended to continue in forest use shall be stocked according to the levels specified in the Oregon Forest Practice Rules. The forest management plan shall include specified actions necessary for the maintenance of planted trees. Within one year following the harvest on lands not planned for reforestation, adequate vegetative cover shall be established to provide soil stabilization and to minimize aesthetic impacts within one year following the harvest.
10. Industry - Non Water Dependent or Related:
    1. Industrial uses shall have limited or phased social and fiscal impacts on the community. Adequate public facilities (sewer, water, fire protection, schools, streets) shall be available to serve the industry prior to construction, or assurance shall be given the City in the form of performance bond that public facilities will be installed concurrently at the developer's expense.
    2. Industrial uses shall be labor rather than capital intensive.
    3. Preference shall be given to industries which are related to the resources of the area, such as fishing, forest products, the dairy industry, or shipping.
    4. Industrial uses shall meet all applicable standards pertaining to buffers, screens, lot coverage, and open area. The Planning Commission may require additional buffer areas where it appears that existing adjacent uses warrant protection.
    5. Special attention shall be given to the emission standards pertaining to noise, smoke, odor, or glare.
11. Meeting Halls, Churches, and Schools:
    1. The hours of operation of meeting halls and churches shall be controlled so as not to disrupt surrounding residential uses.
    2. Eating or drinking establishments or entertainment associated with meeting halls or churches shall meet the requirements of (H) above.
    3. Meeting halls, churches, and schools shall be designed in a manner which is compatible with the surrounding neighborhoods in terms of height, bulk, and maintenance of existing vegetation.
12. Mining or Removal of Sand or Gravel:
    1. Mining or removal of sand or gravel in wetlands, lowlands, or water areas shall be done only after a permit from the Division of State Lands or U.S. Army Corps of Engineers is issued, if those agencies determine that they have jurisdiction in those areas.
    2. Sedimentation and erosion shall be controlled through the use of berms, catch basins, mulching, and revegetation as may be required by the Planning Commission.
13. Extensive Excavation and Grading:
    1. All requirements of Chapter 70 of the Uniform Building Code are adhered to.
    2. The extent and nature of the proposed grading and/or filling are appropriate to the use proposed and will not create site disturbances to an extent greater than that required for use.
    3. The proposed grading and/or filling, and any related construction, will have a minimum impact on views from adjacent property.
    4. The proposed grading and/or filling will be designed in a manner that minimizes any adverse visual impacts on adjacent property.
    5. The proposed grading and/or filling will not have an adverse impact on the drainage on adjacent property.
14. Cottage Industries: In the Moderate and Low Intensity Zones, or cottage industries may be allowed in order to promote a local economic base consistent with the character of the City. Allowable uses include crafts, small scale services, and other activities which have little impact on the neighborhoods in terms of traffic generation, noise, appearance, operating hours, or other factors. Activities are to be allowed on a limited conditional use basis, with the primary condition that the permit can be revoked for violation of the standards. It is intended that full scale or intensive uses be located in the high intensity zones.
    
    
    1. Standards: Standards of the intensity zone and conditional use standards shall apply to cottage industries. In addition, the following specific standards shall apply:
       1. Signs shall be no larger than 1 square foot and shall be no more than 4 feet from ground level.
       2. The use shall be carried out in the dwelling or in a structure attached thereto.
       3. Uses involving non-resident employees and the delivery of materials shall limit their hours of operation to between 8:00 a.m. and 6:00 p.m.
       4. The use shall be architecturally and aesthetically compatible with the surrounding residential area and the existing structures on the site.
       5. There shall be no storage of materials or equipment excess of the lot coverage requirements of the zone, except for plant materials such as nursery stock.
       6. Recreation vehicle or trailer parks, amusement, or gaming operations are not to be allowed as a home occupation.
    2. Complaint Procedure: The Planning Commission shall review cottage industries upon receipt of three written complaints from three separate households within two hundred fifty (250) feet of the boundary of the affected property, or a complaint from the Building Official. The City Recorder shall schedule a public hearing to review the complaints.
    3. Action by the Planning Commission: The Planning Commission shall hear the evidence presented and may, with adequate findings of fact:
       1. Approve the use as it exists.
       2. Require that it be terminated.
       3. Impose restrictions, such as limiting hours of operation or requiring construction of a fence.
          
          Decisions of the Planning Commission may be appealed to the City Council.
15. Yurt:
    1. Standards: Standards of the Chapter 10 including but not limited to the Moderate Intensity Zone, the Flood Damage Prevention Ordinance, the Hazard Overlay Zone, and the Conditional Use standards shall apply to the placement and operation of a yurt. In addition, the following specific standards shall apply:
       1. A full-time primary residential use shall be continuously occupied by the property owner or agent of the property owner who shall ensure on-site management and maintenance of the yurt;
       2. Signage shall not exceed 2 square feet. The bottom of the sign shall be no more than 4 feet from the ground;
       3. The use shall be designed and continuously maintained to be aesthetically compatible with the surrounding residential area. Fencing shall consist of attractive natural materials as far as is practicable. Storage shall be screened from view. Landscaped areas shall be maintained in native vegetation. Fencing and mature native plants shall adequately screen the use. Existing native trees shall be retained wherever practicable. Buffers may be required;
       4. The maximum square footage of a yurt shall be 768 square feet;
       5. Building height of a yurt shall be no more than 16 feet above the elevation required by the Flood Damage Prevention Ordinance and shall not exceed 24 feet in height above existing grade;
       6. One parking space shall be provided and maintained for a yurt up to 400 feet in area; two parking spaces shall be provided and maintained for a yurt over 400 square feet in area;
       7. A yurt shall have bathroom facilities including a shower, sink and a toilet. A yurt may have kitchen appliances, but shall not be wired for 220 electrical current;
       8. A yurt shall not be used for full-time residential use. All requirements for transient lodging use of the structure shall be continuously met;
       9. A yurt shall be connected to water and sewer service through the primary residential use;
       10. Coastal Shoreland Goals and Policies shall be addressed in the application for a yurt. Adjacent Estuarine areas shall be protected from potential adverse impacts;
       11. A building permit shall be obtained. Prior to approval of the building permit, all conditions of site development established by this Chapter or required as a condition in granting a conditional use shall be met. The City shall obtain certification and evidence that the following criteria are met, as far as is reasonably practicable:
           1. The yurt shall meet all fire-resistive occupancy requirements (separations, required fire separation walls, parapet walls, and other fire-resistive requirements);
           2. The yurt has been approved by the Building Code Division and will be installed and used according to its intended design and purpose as identified by an Oregon Insignia of Compliance;
           3. With application, a site plan, occupancy classification, construction type, structure size, floor live load, roof live load, wind exposure, seismic area, energy zone, electrical service loads, plumbing fixture loads, number of modules and certification whether it is a permanent or re-locatable structure shall be submitted;
           4. The design and construction of the yurt foundation and structure shall be consistent with the standards established by the Oregon Building Code Division for prefabricated structures,
           5. The yurt shall comply with Oregon One and Two Family Dwelling Specialty Code, and shall be certified with an Oregon Insignia of Compliance.
    2. Conditions: All conditions of site development established by this Chapter or required as a condition in granting a conditional use shall be met prior to receiving a building permit to construct a yurt.
    3. Maintenance: The use and all site development requirements shall be continuously maintained consistent with this Chapter.
    4. Complaint Procedure: Upon receipt of evidence from staff of non-compliance with yurt conditional use requirements, upon receipt of a complaint signed by three or more persons filed with the City Recorder or a complaint from the Building Official. Upon receipt of any of the above complaints, the City Recorder shall schedule a public hearing before the Bay City Planning Commission for the Commission to review the complaints.
    5. Action by the Planning Commission: The Planning Commission shall hear the evidence presented and may, with adequate findings of fact:
       1. Approve the use as it exists;
       2. Require that the use be terminated;
       3. Impose additional conditions or restrictions, such as the limiting of hours of operation or requiring the construction of a fence.
          

The following conditional use standards shall apply to all activities listed in the Use Matrix as a conditional use:

1. Traffic Generation Standards:
   1. Uses with high traffic generation, as determined by the Planning Commission using acceptable traffic generation documents, shall be located in the high intensity areas of the City or within 100 feet of the intersection of two arterial streets.
   2. Uses which would generate moderately greater traffic volumes than residential uses occupying the same land area at allowable densities shall be located on arterial streets.
   3. Uses which would generate no more traffic than a residential use occupying the same land area at allowable density levels (calculated without bonus density) may be located on residential or collector streets.
   4. Uses locating in the vicinity of U.S. Highway 101 shall have their access onto public streets other than U.S. Highway 101 in order to limit access points along the main highway. New access points may be allowed onto U.S. Highway 101 only where no alternative exists, as determined by the Planning Commission, and with the prior approval of the State Highway Division.
2. Public Facility and Services:
   1. Public facilities and services, including sewer, water, storm drainage, fire protection, electrical service, and schools shall have adequate capacity to serve projected needs of the proposed conditional use.
   2. The person(s) requesting the conditional use permit shall be responsible for all costs associated with the extension of public facilities or services, including system improvement charges.
3. General Environmental Standards:
   1. No noise, smoke, heat, odor, fumes, dust, glare, vibration, or water pollution shall be detectable beyond the property line of the proposed use, except for occasional maintenance such as lawn care or for normal emissions such as from wood burning stoves or fireplaces. Glare from street lights or floodlights shall be shielded from adjacent uses and shall be the minimum necessary to illuminate the property.
   2. Variances from the above standards shall be granted only with the demonstration that: (a) the discharge would be within current state and federal standards; (b) there is a demonstrated hardship or public need which the variance would satisfy; and (c) adjacent properties or wildlife habitat would not be adversely affected.

Goals and Policies of the Comprehensive Plan and other Standards of this Chapter shall be adhered to in the granting of Conditional Uses.

1. Aquaculture Facilities:
   1. Evidence shall be provided by the applicant and findings made by the City that aquaculture facilities do not prevent access to navigational channels and that obstruction of access to publicly owned lands and recreation use areas is minimized.
   2. Aquaculture facilities should be designed to minimize their visual impact (view obstruction). Whenever feasible, submerged structures are preferred over floating structures.
   3. The design and construction of an aquaculture facility should consider reclamation and re-use of waste water.
   4. Water diversion structures or man-made spawning channels shall be constructed so as to maintain required stream flows for aquatic life in adjacent streams and avoid significant reduction or acceleration of average water flow in an associated marsh. Water Quality policies shall apply.
   5. Shellfish culture facilities shall either be located more than 2,000 feet away from sanitary sewer outfalls so that there will be no potential health hazard or shall make provisions for purification of water used in the aquaculture operation.
   6. Water discharge from an aquaculture facility shall meet all federal and state water quality standards and any conditions attached to a waste discharge permit. Water Quality policies shall apply.
   7. All state and federal laws governing environmental quality, resource protection, public health and safety, and engineering standards shall be met in the design, siting, construction and operation of aquaculture facilities. This determination shall be made by the Oregon Department of Fish and Wildlife or other state or federal agencies with regulatory authority over aquaculture facilities.
   8. Aquaculture facilities in Estuary Conservation (EC) Zones and Estuary Natural (EN) Zones shall be permitted only if evidence can be provided by the applicant and findings made by the City that:
      1. Aquaculture facilities in Estuary Development (ED) Zones will not preclude the provision or maintenance of navigation or other needs for commercial and industrial water-dependent uses and will not pre-empt the use of shorelands especially suited for water-dependent development.
      2. Aquaculture facilities in Estuary Natural (EN) Zones will be consistent with the resource capabilities and purpose of the management unit(s) in which they are to be located. The Oregon Department of Agriculture shall provide these findings for oyster culture and the Oregon Department of Fish and Wildlife shall provide them for other types of aquaculture in instances when Bay City finds that it does not have the technical expertise or resources to make them.
      3. Aquaculture facilities in Estuary Conservation (EC) Zones will require a resource capability determination where dredging, fill, or other alterations of the estuary are needed, other than incidental dredging for harvest of benthic species or removal of in-water structure.
      4. Aquaculture facilities in Estuary Natural (EN) Zones will not require dredging or fill other than incidental dredging for harvest of benthic species or removal of in-water structures.
   9. Leasing of publicly-owned estuarine waters, intertidal areas or tidal wetlands for aquaculture shall be subject to the requirements of the Division of State Lands.
   10. Dredge, fill, shoreline stabilization, piling/dolphin installation or other activities in conjunction with an aquaculture facility shall be subject to the respective standards for these activities.
2. Siting, Design, Construction, Maintenance, or Expansion of Dikes:
   1. Diking policy requirements in the Bay City Comprehensive Plan shall be met.
   2. Proposals for new dike construction or dike maintenance or repair shall be accompanied by a brief statement from the local Soil and Water Conservation Service or a certified engineer stating that:
      1. The project is in conformance with good engineering practices and any applicable rules and regulations set forth by the Oregon Division of State Lands and the U.S. Army Corps of Engineers.
      2. Provides for suitable erosion protection for the dike face.
      3. Will produce no appreciable flood and erosion potential upstream or downstream of the proposed project.
   3. When temporary dikes are constructed in intertidal areas or tidal wetlands, notice must be given to the Division of State Lands within 24 hours following the start of such activity and their approval for continuation of the project must be obtained (ORS 541.615 (4)). Intertidal areas and tidal wetlands shall be restored by the sponsor of the dike to pre-dike conditions after the removal of temporary dikes.
   4. Fill, shoreline stabilization, or other activities in conjunction with new dikes involving fill in intertidal areas and tidal wetlands is subject to the requirements of the State Fill and Removal Law (ORS 541.605 - 541.665) and the Clean Water Act of 1977 (P.L. 95-217) (applies to fill only).
3. Docks and Moorages:
   1. Docks and Moorages policy requirements in the Bay City Comprehensive Plan shall be met.
   2. When new construction or expansion of docks and moorages is proposed, evidence shall be provided by the applicant and findings made by the City that:
      1. The size of the facility is the minimum necessary to accommodate the number and size of boats using the facility. Maximum size limit for single purpose private dock (excluding walkways) shall be 150 square feet.
      2. Alternatives such as dryland storage, launching ramps, or mooring buoys are impractical.
   3. To ensure that consideration is given to the beneficial, economic, and social impacts of moorages on local communities, proposals for new or expanded moorages should include statements on the impacts to local communities derived from increases in employment or increases in commercial or recreational activity.
   4. Open pile piers or secured floats shall be used for dock construction. Piers and floats shall extend no further out into the water than is needed to provide navigational access.
   5. Floating docks shall be designed so that they do not rest on the bottom at low water.
   6. Single purpose docks shall be permitted if evidence is provided by the applicant and findings made by the City that cooperative use facilities (marinas or community docks or mooring buoys) are unavailable, impractical or will not satisfy the need.
   7. Covered or enclosed moorages shall be limited to 10% (in number) of the total moorage spaces of a given moorage.
   8. To avoid contamination of estuarine water, intertidal areas or tidal wetlands, public docks and moorages should provide enclosed facilities on shorelands for public dumping of oil and emptying of holding tanks.
   9. When docks and moorages are proposed in Estuary Conservation 1 or Estuary Conservation 2 Zones, evidence shall be presented by the applicant and findings made by the City that the proposed dock or moorage is consistent with the resource capabilities of the area and the long-term use of renewable resources and does not constitute a major alteration to the estuary. In assessing the resource capabilities of an area, consideration shall be given to the size or intensity of the proposed facility and its location with respect to adjacent resources.
   10. Moorages with a capacity greater than 25 boats shall be subject to Port Facility and Marina standards.
   11. Dredging, fill, poling/dolphin installation, shore-land stabilization, or other activities in conjunction with the construction of docks and moorages shall be subject to the respective standards for these activities.
4. Dredged Material Disposal:
   1. Dredged material disposal shall occur only in approved dredge material disposal sites or for fill of development sites which have received appropriate local, state and federal permits. All Dredged Material Disposal policy requirements and fill standards shall apply.
   2. State and federal water quality standards shall be met during all phases of dredged material disposal. Water Quality policies shall apply.
   3. The timing of dredged material disposal shall be coordinated with state and federal resource agencies to ensure adequate protection of wildlife habitat, bird nesting areas, fish runs and fish spawning activity and to minimize interference with fishing activities.
   4. Ocean disposal of dredged material shall be permitted only in an ocean disposal site approved by the U.S. Army Corps of Engineers and the Environmental Protection Agency.
   5. With regard to in-water disposal in the river estuary and ocean:
      1. Consideration shall be given to the need for the proposed disposal and the availability and desirability of alternate sites and methods of disposal that might be less damaging to the environment.
      2. The physical and chemical characteristics of the dredged material should be compared with those of the disposal site, and consideration should be given to matching the dredged material to the capabilities of the site.
      3. In-water disposal requires either an EPA/DEQ water quality certification or a short-term exemption. Polluted materials that cannot meet EPA/DEQ requirements for ocean disposal shall be disposed of on non-aquatic sites designed to properly settle out all pollutants prior to discharge back into the aquatic system. Dredged material disposal shall not be permitted in the vicinity of a public water supply intake.
      4. Flow-lane disposal of dredged material shall be monitored to assure that estuarine sedimentation is consistent with the resource capabilities and purposes of affected natural and conservation management units.
   6. Ocean disposal of dredged material shall be conducted to assure that U.S. Army Corps of Engineers and Environmental Protection Agency standards are met, and that:
      1. The amount of material deposited at a site will not seriously impact local ocean resources.
      2. Interference with sport and commercial fishing is minimized.
      3. Disposal is confined to the authorized disposal site.
      4. The sediment transport of the materials after disposal will not return to the bar or to the estuary.
      This determination shall be made by the U.S. Army Corps of Engineers and the Environmental Protection Agency during their review of permit applications for ocean disposal of dredged material.
   7. Disposal of dredged materials on ocean beaches for purposes of beach nourishment shall be conducted to ensure that:
      1. The volume and frequency of dredged material disposal are controlled to avoid excessive fluctuations in beach profile. A stable beach profile shall be maintained as nearly as possible.
      2. Adverse impacts on benthic productivity and native plants and wildlife within and downstream of the disposal site shall be avoided or minimized. Particular care shall be taken to ensure that erosion or smothering of productive habitat areas does not occur.
      3. The dredged material is uncontaminated and composed predominantly of sand with a particle size compatible with material on the receiving shores.
   8. Land disposal of dredged materials shall be conducted to ensure that the integrity of estuarine waters, streams, underground springs, and waterways is maintained. To ensure this:
      1. U.S. Army Corps of Engineers guidelines for design of containment areas at dredged material disposal sites shall be followed. The U.S. Army Corps of Engineers shall be responsible for determining that these guidelines have been met.
      2. All surface water runoff from disposed dredged materials shall be controlled and shall enter the water way or estuary directly as practicable to the main channel or deep water for dilution.
      3. When necessary, dikes shall be constructed around land dredged material sites.
      4. Dredged material disposal settling ponds shall be designed to maintain at least one foot of standing water at all times to encourage proper settling of suspended solids. Secondary dredged material disposal settling ponds may be necessary to ensure the proper treatment of overflow waters, particularly in areas used for disposal of spoils containing toxic materials.
      5. Runoff from disposed dredged materials must pass over an appropriately designed and operated weir. Weir design and size shall be dependent upon the size of the disposal site and the physical and chemical characteristics of the dredged material.
   9. The final height and slope after each use of land dredged material site shall be such that:
      1. The site does not enlarge itself by sloughing and erosion at the expense of adjacent aquatic areas.
      2. Loss of material from the site during storms and freshets is minimized.
      3. Interference with the view from nearby residences, scenic viewpoints, and parks is avoided.
   10. Revegetation of land disposal sites shall occur as soon as is practicable in order to retard water or wind induced erosion and to restore agricultural or wildlife habitat value to the site. Native species or non-native species approved by the Soil Conservation Service shall be used and reference shall be made to the Inter-Agency Seeding Manual prepared by the Soil Conservation Service.
   11. Disposal of dredged material should occur on the smallest practicable land area consistent with the use of the property and the characteristics of the dredged material. Clearing of the land should occur in stages on an as-needed basis. Re-use of existing disposal sites is preferred over creation of new sites in order to minimize the total land area covered by dredged material.
   12. Before dredged materials are disposed of on land areas for use as fill in approved fill projects, a determination shall be made that the structural characteristics of the material are suitable for this use.
   13. The use of agricultural lands for dredged material disposal shall occur only when the sponsor of the dredging project can demonstrate that the soils can be restored to agricultural productivity after disposal use is completed.
   14. Dredging project proposals shall provide at least a 5-year program for disposal of dredged material, consistent with the standards listed above. Disposal programs shall provide a mechanism for establishing stockpile sites of fill material suitable for use in approved fill projects.
5. Dredging in Estuarine Waters, Intertidal Areas and Tidal Wetlands:
   1. The following standards shall apply only to dredging in excess of 50 c.y. within a 12-month period or dredging of 50 c.y. or less which requires a Article 10.24 permit fee from the U.S. Army Corps of Engineers.
   2. When dredging in estuarine waters, intertidal areas or tidal wetlands is proposed, evidence shall be provided by the applicant and findings made to the City that:
      1. The dredging is necessary for navigation or other water-dependent uses that require an estuarine location or is specifically allowed by the management unit or zone.
      2. A need (i.e. a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights.
      3. If no feasible alternative upland locations exist.
      4. If adverse impacts are minimized.
   3. Dredging projects shall meet all requirements of the State Fill and Removal Law (ORS 541.604 - 541.665), Section 10 of the Rivers and Harbors Act of 1899, and other applicable state and federal laws. These requirements shall be enforced by state and federal agencies with regulatory authority over dredging projects.
   4. Existing water quality, quantity, and rate of flow shall be maintained or improved. Minimum stream flow requirements shall be maintained. Water Quality policies shall apply.
   5. Flushing capacity of estuaries shall be maintained. A hydrologic report from a professional registered hydrologist or engineer may be required by the Planning Commission to ensure that this standard has been met.
   6. Dredging shall be timed in order to minimize the effects of sedimentation and turbidity and to minimize impacts on fish, shellfish, and recreational and commercial fishery activities. The work periods specified in the Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wildlife Resources (ODFW, 1976) shall be followed unless approval of alternative work periods has been obtained from ODFW.
   7. Evidence shall be provided by the applicant and findings made by the City that projects requiring dredging are sited and designed so that initial and maintenance dredging are minimized.
   8. Dredging proposals shall provide at least a 5-year program for disposal of dredged materials. Programs for disposal of dredged material shall be consistent with Dredged Material Disposal standards.
   9. Dredging proposals requiring mitigation shall include a mitigation plan consistent with Mitigation standards.
   10. New dredging projects shall not be allowed in areas where insufficient data is available to assess the relative biological value. Under these circumstances, the applicant may arrange to provide the necessary information with the technical assistance of state and federal resource agencies.
   11. When dredging for the purpose of on-site maintenance of existing facilities is proposed, evidence shall be presented by the applicant and findings made by the City that:
       1. The dredging is necessary to maintain proper operation of the facility.
       2. The amount of dredging proposed is confined to the geographic area of the existing facility and is the minimum amount necessary to fulfill the need.
   12. Excavation to create new water surface area shall be subject to the standards listed above and to the following standards:
       1. Provisions shall be made for the stabilization of new banklines prior to the connection of the new water body to existing water bodies. Excavation of as much as is practical of the new water body shall be completed before it is connected to existing water bodies.
       2. Toxic substances or other pollutants shall not leak into the water as a result of the excavation.
       3. Erosion of adjacent shoreline areas and excessive sedimentation and turbidity in adjacent aquatic areas shall be avoided.
       4. Excavation shall occur at a time that will minimize its impact on aquatic life.
       5. Excavated materials shall not be disposed of in estuarine water, intertidal areas, or tidal wetlands, except as part of an approved fill project subject to Fill standards.
   13. Dredging for the purpose of bankline or stream alteration (i.e. realignment of a stream bank or the entire stream either within or without its normal high water boundaries) shall be subject to the standards listed above and to the following standards:
       1. Alignments should make maximum use of natural or existing deep water channels provided that pockets of stagnant water are not created.
       2. Erosion of adjacent shoreland areas and excessive sedimentation and turbidity in adjacent aquatic areas shall be avoided.
       3. Temporary stabilization (mulching or sodding), sediment basins or other performance equivalent structures may be required at the discretion of the Planning Commission.
       4. Provision shall be made for stabilization of new banklines. Shoreline Stabilization standards shall apply.
       5. Adverse impacts on fish spawning, feeding, migration, and transit routes and wildlife habitat shall be evaluated and minimized.
   14. An impact assessment shall be conducted during local, state, and federal review of permit applications for dredging in estuarine water, intertidal areas, or tidal wetlands. The impact assessment shall follow the procedures outlined in Section 10.08.110(E). Identified adverse impacts shall be minimized to be consistent with the resource capabilities and purposes of the area.
6. Energy Facilities and Utilities:
   1. When new energy facilities are proposed within estuarine waters, intertidal areas or tidal wetlands, evidence shall be provided by the applicant and findings made by the City that:
      1. A public need (i.e. a substantial public benefit) exists and the use or alteration does not unreasonably interfere with public trust rights.
      2. Alternative non-aquatic locations are unavailable or impractical.
      3. Dredging, fill, and other adverse impacts are avoided or minimized.
   2. Electrical or communication transmission lines shall be located underground or along existing rights-of-way unless economically unfeasible.
   3. Above-ground utilities shall be located to have the least adverse effect on visual and other aesthetic characteristics of the area. Interference with public use and public access to the estuary shall be minimized.
   4. Whenever practical, new utility lines and crossings within estuarine waters, intertidal areas, or tidal wetlands shall follow the same corridors as existing lines and crossings.
   5. Water discharge into estuarine waters, intertidal areas, and tidal wetlands from an energy facility or utility shall meet EPA and DEQ standards and shall not produce increases in temperature in the receiving waters which would have adverse impacts on aquatic life. Water Quality policies shall apply.
   6. When new energy facilities and utilities are proposed in EN Zones, evidence shall be provided by the applicant and findings made by the City that the proposed use is consistent with the resource capabilities of the area and the preservation of areas needed for scientific, research or educational needs.
   7. When storm water and sewer outfalls are proposed in EC2 and EC1 Zones, evidence shall be provided by the applicant and findings made by the City that the proposed use is consistent with the resource capabilities of the area and the use will not preclude the provision or maintenance of navigation and other public, commercial, and industrial water-dependent uses.
   8. When new energy facilities and utilities are proposed in Estuary Development (ED) Zones, evidence shall be provided by the applicant and findings made by the City that the proposed facility will not preclude the provisions of maintenance of navigation and other public, commercial, and industrial water-dependent uses.
   9. Storm water and sewer outfalls shall go out to channels or areas where flushing will be adequate and shall not empty onto tideflats or intertidal wetlands. Effluent from outfalls must meet DEQ and EPA water quality standards. Water Quality policies shall apply.
   10. Dredge, fill, shoreline stabilization or other activities in conjunction with construction of energy facilities or utilities shall be subject to the respective standards for these activities.
   11. Energy facilities and utilities shall be sited so that they do not and will not require structural shoreline stabilization methods.
7. Fill in Estuarine Waters, Intertidal Areas, and Tidal Wetlands:
   1. The following standards shall apply only to fill in excess of 50 c.y. or fill of less than 50 c.y. which requires a Section 10 or 404 permit from the U.S. Army Corps of Engineers.
   2. When fill in estuarine water, intertidal areas, or tidal wetlands is proposed, evidence shall be provided by the applicant and findings made by the City that:
      1. The fill is necessary for navigation or other water-dependent uses that require an estuarine location or is specifically allowed by the management unit or zone.
      2. A need (i.e. a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights.
      3. No feasible alternative upland locations exist.
      4. Adverse impacts are minimized.
   3. When fill for the purpose of on-site maintenance of existing facilities is proposed, evidence shall be provided by the applicant and findings made by the City that:
      1. There are no alternatives to fill to maintain proper operation of the facility.
      2. The amount of fill proposed is confined to the geographic area of the existing facility and is the minimum amount necessary to fulfill the need.
   4. Where existing public access is reduced, suitable access as part of the development project shall be provided.
   5. The fill shall be placed at a time that will minimize sedimentation and turbidity. The work periods specified in the Oregon Guidelines for Timing of In-Water Work to Protect Fish and Wild-life Resources (ODFW, 1976) shall be followed unless approval of alternative work periods has been obtained from the ODFW.
   6. Only non-polluted materials may be used for fill. Materials which would create water quality problems are not permitted.
   7. The perimeters of the fill shall be provided with erosion prevention measures consistent with Shore-line Stabilization standards.
   8. Fills shall be placed so that adjacent or nearby property is not adversely impacted by increased erosion, shoaling, or flooding produced by changes in littoral drift or other changes in water circulation patterns. An affidavit from a professional registered engineer or hydrologist may be required by the Planning Commission as a result of the impact assessment required in Section 10.08.110(E).
   9. Fill proposals requiring mitigation shall include a mitigation plan consistent with Mitigation standards.
   10. Fill in estuarine water, intertidal areas, and tidal wetlands shall be subject to the requirements of the State Fill and Removal Law (ORS 541.605-541.665), the Rivers and Harbors Act of 1899, the Clean Water Act of 1977 (PL 95-217), and other applicable state and federal laws. These requirements shall be enforced by state and federal agencies with regulatory authority over fill projects.
   11. An impact assessment shall be conducted during the local, state, and federal review of permit applications for fill in estuarine waters, intertidal areas or tidal wetlands, according to the provision outlined in Section 10.08.110(E). Identified adverse impacts shall be minimized to be consistent with the resource capabilities and purposes of the area.
8. Forestry and the Forest Products Industry:
   1. Lot storage, sorting, and processing areas in shorelands adjacent to estuaries or waterways shall be designed, constructed, and operated to control leachates and prevent the loss of bark, chips, sawdust, and other wood debris into public waters.
   2. In-water log handling, sorting, and storage areas, and log storage, sorting, and processing areas in shorelands adjacent to estuaries or other water bodies shall be subject to the requirements of the water quality program administered by the Department of Environmental Quality under the Clean Water Act of 1977 (PL 92-500). DEQ, in conjunction with other affected resource agencies, shall be responsible for determining that the flushing characteristics of in-water log handling, sorting, and storage areas, the number of logs and duration of storage, and the bark and debris controls for both in-water and shoreland sites are such that state and federal clean water standards are met.
   3. Leasing of publicly owned aquatic areas for the purpose of in-water log handling, sorting, and storage shall be subject to the requirements of the Division of State Lands.
   4. When new in-water log handling, sorting, and storage areas are proposed in estuarine waters, evidence must be presented by the applicant and findings made by the City that:
      1. The proposed use is an integral part of the process of water-borne transportation of logs (i.e. is water-dependent).
      2. There is a public need (i.e. a substantial public benefit) for the proposed use and the use or alteration does not unreasonably interfere with public trust rights.
      3. Alternative non-aquatic locations are unavailable, impracticable, or do not meet the need.
      4. Conflicts with navigation, aquaculture, and commercial and recreational fishing have been avoided or minimized.
      5. East leg-down facilities for transfer of logs from land to water have been provided for (free fall log dumps shall not be permitted).
      6. Sites are located to avoid shellfish beds, shallow spawning areas, or areas where grounding of logs will occur.
9. Industrial and Commercial Uses in Estuarine Waters, Intertidal Areas, and Tidal Wetlands:
   1. Evidence shall be provided by the applicant and findings made by the City that:
      1. The amount of estuarine surface area occupied is the minimum required to meet the need.
      2. Provision has been made for public access, viewpoints, and recreational use, consistent with safety and security considerations.
      3. Multipurpose and cooperative use of piers, wharves, parking areas, or handling and storage facilities have been provided for or are impracticable.
      4. Floating structures are designed so as not to rest on the bottom at low water and are protected against currents and waves.
      5. Alteration of productive intertidal areas and tidal marshes has been avoided or minimized.
      6. Adverse impacts on the following have been avoided or minimized to be consistent with the resource capabilities and purposes of the area:
         
         Water quality.
         Hydrographic characteristics.
         Aquatic life and habitat.
         Bird and wildlife habitat.
         Fish transit and migration routes.
   2. Removal of riparian vegetation shall be permitted only if direct access to water is required in conjunction with a water-dependent use. Replacement of riparian vegetation shall be required where consistent with water-dependent use to enhance attractiveness or assist in bank stabilization.
   3. Visual access to the water shall not be impaired by the placement of signs. When feasible, signs shall be constructed on or against existing buildings to minimize visual obstruction of the shoreline and water bodies. Off-premise outdoor advertising signs shall not be allowed within estuarine waters, intertidal areas, or tidal wetlands.
   4. The design and construction of new industrial and commercial facilities should consider reclamation and re-use of wastewater.
   5. Provision for the prevention and control of contaminants from entering the water shall be made. A contingency plan to provide for containment of cleanup of spills of contaminants shall be provided.
   6. Industrial outfalls, sewer outfalls, and storm water outfalls shall go out to channels or areas where flushing will be adequate and shall not empty onto tideflats or salt marshes. Effluent from outfalls must meet DEQ and EPA water quality standards. Water Quality policies shall apply.
   7. When water-dependent industrial and commercial uses are proposed in Estuary Conservation 2 (EC2) Zones, evidence shall be provided by the applicants and findings made by the City that the proposed use is consistent with the resource capabilities of the area and the long-term use of renewable resources and does not cause a major alteration of the estuary.
   8. When water-related or non-dependent, non-related industrial or commercial uses are proposed in Estuary Development (ED) Zones, evidence must be presented that:
      1. The use will not preclude the provision or maintenance of navigation and other needed public, commercial and industrial water-dependent uses.
      2. The use will not pre-empt the use of shorelands especially suited for water-dependent development.
      3. Non-water dependent and non-water related uses which permanently alter estuarine resources and values shall include evidence of the public benefits derived from the project which shall include the beneficial economic impacts generated by increases in employment and/or indirect economic impacts generated by increases in commercial, industrial, or recreational activity within the area.
   9. All state and federal laws governing the use, handling, storage, treatment, and disposal of toxic materials, petroleum, wastewater and organic wastes, and other state and federal laws governing environmental quality, resource protection, or public health and safety shall be met. This determination shall be made by appropriate state or federal agencies with regulatory authority.
   10. Dredging, fill, piling/dolphin installation, shoreline stabilization, disposal of dredged material or other activities in conjunction with industrial and commercial uses shall be subject to the respective standards for these activities.
10. Land Transportation Facilities:
    1. Proposals for new county or state highways or railroads shall provide an evaluation of the proposed project on the following:
       1. Land use patterns.
       2. Energy use.
       3. Air and water quality.
       4. Estuarine habitat, functions, and processes.
       5. Existing transportation facilities.
       6. Physical and visual access to estuaries and shorelands.
    2. Evidence shall be provided by the applicant and findings made by the City that the siting, design, construction and maintenance of land transportation facilities will be conducted to avoid mass soil wasting or excessive surface erosion.
    3. Land transportation facility proposals shall include a rehabilitation plan specifying the method and timing of necessary site rehabilitation. Site rehabilitation plans shall provide for replacement of riparian vegetation.
    4. Vegetated buffer strips shall be maintained, whenever practicable, along roadways to manage storm drainage runoff.
    5. When culverts are used in association with bridge crossings, spring line natural bottom culverts are preferred over box culverts.
    6. All bridge crossings and culverts shall be positioned and maintained to allow fish passage, avoid interference with anadromous fish runs, and to prevent any constriction of natural streams which would result in increases in flood or erosion potential. When culverts are used, no fill shall be allowed in streams, rivers, or estuaries.
    7. When new bridge crossing support structures are proposed in Estuary Conservation 2 (EC2), Estuary Conservation 1 (EC1) and Estuary Natural (EN) Zones, evidence shall be provided by the applicant and findings made by the City that the proposed use is consistent with the resource capabilities and purposes of the area.
    8. When new land transportation facilities are proposed in Estuary Development (ED) Zones, evidence shall be presented by the applicant and findings made by the City that the proposed use will not preclude the provision or maintenance of navigation and other needed public, commercial, and industrial water-dependent uses.
    9. Dredging, fill, piling/dolphin installation, shoreline stabilization, dredged material disposal, or other activities in conjunction with land transportation facilities shall be subject to the respective standards for these activities.
11. Mining and Mineral Extraction:
    1. Mining and Mineral Extraction policy requirements in the Bay City Comprehensive Plan shall be met.
    2. Mining and mineral extraction proposals shall include a mining plan and a rehabilitation plan specifying the method and timing of necessary site rehabilitation. Any necessary rehabilitation of mining and/or mineral extraction sites shall be completed within two years of the completion of the mining or mineral extraction operation.
    3. Evidence shall be provided by the applicant and findings made by the City that mining and mineral extraction projects are sited, designed, operated, and maintained to ensure that adverse impacts on the following are minimized:
       1. Aquatic life and habitat, including but not limited to the spawning, rearing, and passage requirements of anadromous fish.
       2. Bird and wildlife habitat.
       3. Hydrographic characteristics, including but not limited to the alteration of local currents that may affect adjacent properties by causing erosion, accretion or increased flooding.
       4. Water Quality policies shall apply.
    4. Temporary removal of riparian vegetation shall be permitted in cases where direct water access is required as part of a mining or mineral extraction operation. Site rehabilitation plans shall provide for replacement of riparian vegetation.
    5. Spoils and stockpiles shall not be placed within estuarine water, intertidal areas, or tidal wetlands, unless as part of an approved fill project subject to Fill standards.
    6. When mining and mineral extraction projects are proposed in Estuary Conservation 1 (EC1) and Estuary Conservation 2(EC2) Zones, evidence shall be provided by the applicant and findings made by the City that the proposed project is consistent with the resource capabilities of the area and the long-term use of renewable resources and does not cause a major alteration of the estuary.
    7. When mining and mineral extraction projects are proposed in Estuary Development (ED) Zones, evidence shall be presented by the applicant and findings made by the City that the project is consistent with the maintenance of navigation and other needed public, commercial, and industrial water-dependent uses.
    8. Dredging, fill, or other activities in conjunction with mining and mineral extraction shall be subject to the respective standards for these activities.
    9. The location and operation of mining and mineral extraction projects shall be in conformance with the requirements of the Division of State Lands (ORS 541.605 - 541.665; ORS 273.551; ORS 273.775 - 273.780), the Department of Geology and Mineral Industries (ORS 520.005 - 520.095) and other applicable state and federal laws governing environmental quality, resource protection and public health and safety. These requirements shall be enforced by state and federal agencies with regulatory authority over mining and mineral extraction projects.
12. Mitigation:
    1. Mitigation for dredge or fill within intertidal areas or tidal marshes shall be required by the Director of the Division of State Lands (under the provisions of ORS 541.605 - 541.665). The suitability of a mitigation proposal for a given proposed project shall be determined by the director of the Division of State Lands according to the procedure established in Administrative Rule 85-245 (Chapter 141).
    2. Mitigation projects shall go into effect prior to or at the same time as the development project.
13. Navigation Structures and Navigational Aids:
    1. When navigational structures are proposed, evidence shall be provided by the applicant and finding made by the City that:
       1. The amount of estuarine surface area occupied is the minimum necessary to accomplish the proposed use.
       2. The project will not interfere with the normal public use of fishery, recreation, or water resources.
       3. The proposed project will not adversely impact adjacent or nearby property through increased erosion, shoaling, or flooding produced by changes in littoral drift or other changes in water circulation patterns (an affidavit from a professional registered engineer or hydrologist may be required).
       4. Non-structural solutions are unavailable, impractical, or do not meet the need.
    2. When floating breakwaters are proposed in Estuary Conservation 1 (EC1) and Estuary Conservation 2 (EC2) Zones, evidence shall be provided by the applicant and findings made by the City that the proposed use is consistent with the resource capabilities of the area and the long-term use of renewable resources and does not cause a major alteration of the estuary.
    3. Navigational structures shall meet all applicable U.S. Army Corps of Engineers engineering standards. The U.S. Army Corps of Engineers shall be responsible for determining that these engineering standards have been met.
    4. An impact assessment shall be conducted during local, state, and federal review of permit applications for navigational structures. The impact assessment shall follow the procedures outlined in Section 10.08.110(E). Identified adverse impacts shall be minimized to be consistent with the resource capabilities and purpose of the area.
    5. Dredging, fill, or other activities in conjunction with navigational structures and navigational aids shall be subject to the respective standards for these activities.
14. Piling/Dolphin Installation:
    1. When piling or dolphin installation is proposed, evidence shall be provided by the applicant and findings made by the City that:
       1. The amount of estuarine surface area occupied is the minimum necessary to accomplish the proposed use.
       2. The project will not unduly interfere with the normal public use of fishery, recreational, or water resources.
       3. The proposed project will not adversely impact adjacent or nearby property through increased erosion, shoaling, or flooding produced by changes in littoral drift or other changes in water circulation patterns. An affidavit from a professional registered engineer or hydrologist may be required by the Planning Commission as a result of the impact assessment required in Section 10.08.110(E).
    2. When new piling or dolphin installation is proposed in Estuary Natural (EN), Estuary Conservation 2 (EC2) or Estuary Conservation 1 (EC1) Zones, evidence shall be provided by the applicant and findings made by the City that the project is consistent with the resource capabilities and purposes of the area.
    3. When proposals for new piling or dolphin installation in conjunction with a non-water-dependent or non-water-related use within Estuary Development (ED) Zones are made, evidence shall be presented by the applicant and findings made by the City that the project is consistent with the maintenance of navigation and other needed public, commercial, and industrial water-dependent uses.
    4. Piling/dolphin replacement and new installation shall meet all applicable U.S. Army Corps of Engineers engineering standards and permit requirements. The U.S. Army Corps of Engineers shall be responsible for determining that these engineering standards and permit requirements have been met.
    5. An impact assessment shall be conducted during local, state, and federal review of permit applications for piling/dolphin installation. The impact assessment shall follow the procedures outlined in Section 10.08.110(E). Identified adverse impacts shall be minimized to be consistent with the resource capabilities and purposes of the area.
15. Restoration:
    1. Restoration and Enhancement policy requirements in the Bay City Comprehensive Plan shall be met.
    2. Proposals for restoration projects shall present evidence that:
       1. The restored area is a shallow subtidal or an intertidal or tidal marsh area after alteration work is performed.
       2. The restored area may not have been a functioning part of the estuarine system when alteration work begins.
       3. The restored area is revitalizing, returning or replacing original attributes and amenities which have been diminished or lost by past alterations, activities, or catastrophic events.
    3. Estuarine enhancement project proposals shall identify:
       1. The original conditions to be enhanced.
       2. The cause of the loss of degradation.
       3. The location and extent of action necessary to achieve the enhancement objective.
    4. Estuarine enhancement project proposals shall present evidence that the project will result in an overall improvement in the cultural, historic, economic, or navigation features of an estuary, which will outweigh any adverse impacts.
    5. When active restoration and enhancement projects are proposed in Estuary Natural (EN) or Estuary Conservation Aquaculture (ECA) Zones, evidence shall be provided by the applicant and findings made by the City that the project is consistent with the resource capabilities of the area and with the protection of significant fish and wildlife habitats, biological productivity, and of scientific, research and educational needs.
    6. When active restoration and enhancement projects are proposed in Estuary Conservation 1 (EC1) or Estuary Conservation 2 (EC2) Zones, evidence shall be provided by the applicant and findings made by the City that the proposed use is consistent with the resource capabilities of the area and the long-term use of renewable resources, and does not cause a major alteration of the estuary.
    7. When passive or active restoration or enhancement projects are proposed in Estuary Development (ED) Zones, evidence shall be provided by the applicant and findings made by the City that the project will not interfere with the provision or maintenance of navigation and other needed public, commercial, and industrial water-dependent uses, or with the use of adjacent shorelands especially suited for water-dependent development.
    8. When active restoration or enhancement projects are proposed in the Shoreland 2 Zone, evidence shall be provided by the applicant and findings made by the City that the proposed project does not preclude or conflict with existing or reasonable potential water-dependent use on the site or in the vicinity.
    9. Dredge, fill, shoreline stabilization, shoreland development, installation of energy facilities or utilities, dredged material disposal and other uses and activities proposed as part of a restoration or enhancement project shall be subject to the respective standards for these uses and activities.
16. Shallow Draft Port Facilities and Marinas:
    1. Evidence shall be provided by the applicant and findings made by the City that:
       1. Facilities have been sited and designed to minimize initial and maintenance dredging.
       2. Dryland boat storage has been provided for, or is impracticable.
       3. Provisions have been made for public access, viewpoints, and recreation uses, consistent with safety and security considerations.
       4. Multipurpose and cooperative use of piers, wharves, parking areas, and cargo handling and storage has been provided for, or is impracticable.
       5. Floating structures are designed so as not to rest on the bottom at low water and are protected against currents and waves.
       6. The amount of water surface occupied is the minimum required to meet the need.
       7. Provisions have been made for maintenance of riparian vegetation, except where direct access to water is required.
       8. Natural or man-made protection from wind, waves, storm or tidal currents, or ship wakes has been provided for.
       9. Adverse impacts on the following have been avoided or minimized:
          
          Navigation.
          Water quality.
          Hydrographic characteristics.
          Natural processes or erosion and sedimentation.
          Aquatic life and habitat.
          
       In EC2 Zones, a resource capability determination is also required.
    2. Marina access channels shall be designed to maximize water circulation and avoid dead spots. Dead-end channels or confined basins should be avoided. Demonstration shall be made that state and federal clean water standards can be maintained. A field study of water circulation patterns may be required by the Planning Commission as a result of the impact assessment required in Section 10.08.110(E).
    3. Safe navigational access to port facilities and marinas shall be provided and maintained.
    4. Covered or enclosed moorages shall be limited to 10% (in number) of the total moorage spaces of a given port facility or marina.
    5. The following provisions for the prevention and control of contaminants from entering the water shall be made:
       1. Enclosed shoreland facilities for public dumping of oil and emptying of holding tanks shall be provided.
       2. A contingency plan to provide for containment and clean-up of spills of contaminants shall be provided.
    6. Proposals for expansion or creation of port and marina facilities shall be accompanied by a demonstration of the public benefits derived from the project, which shall include:
       1. Information on why the capacity of existing facilities is inadequate.
       2. The beneficial economic impacts to local communities derived from increases in employment.
       3. Indirect economic impacts generated by increases in commercial, industrial, or recreational activity within the area.
    7. All state and federal laws governing the use, handling, storage, treatment, and disposal of toxic materials, petroleum, wastewater and organic wastes, and other state and federal laws governing environmental quality, resource protection, or public health and safety shall be met. This determination shall be made by appropriate state or federal agencies with regulatory authority.
    8. When marina expansion or development is proposed in Estuary Conservation 2 (EC2) Zones, evidence shall be provided by the applicant and findings made by the City that the project is consistent with the resource capabilities of the area and the long-term use of renewable resources and does not cause a major alteration of the estuary.
    9. Dredge, fill, piling/dolphin installation, navigational structures, shoreline stabilization, or other activities in conjunction with expansion or creation of new port facilities and marinas shall be subject to the respective standards for these activities.
17. Shoreline Stabilization:
    1. Within estuarine waters, intertidal areas and tidal wetlands, and along shoreland areas, general priorities for shoreline stabilization for erosion control are, from highest to lowest:
       1. Proper maintenance of existing riparian vegetation.
       2. Planting of riparian vegetation.
       3. Vegetated rip-rap.
       4. Non-vegetated rip-rap.
       5. Groins, bulkheads, or other structural methods.
       Shoreline protection proposals shall include justification for the use of a lower priority method over a higher priority method.
    2. Vegetative shoreline stabilization shall utilize native species or non-native species approved by the Soil Conservation Service. Reference shall be made to the Inter-Agency Seeding manual prepared by the Soil Conservation Service.
    3. When structural shoreline stabilization methods are proposed, evidence shall be presented by the applicant and findings made by the City that:
       1. Flooding or erosion that is threatening an established use on a subject property or a need (i.e. a substantial public benefit) is demonstrated in conjunction with navigation or a water-dependent use.
       2. Land use management practices or non-structural solutions are inappropriate or will not meet the need.
       3. The proposed structural stabilization method is the minimum size needed to accomplish the desired stabilization.
       4. The proposed project will not restrict existing public access to publicly owned lands or interfere with the normal public use of fishery, recreation, or water resources.
       5. The proposed project will not adversely impact adjacent aquatic areas or nearby property through increased erosion, sedimentation, shoaling, or flooding produced by changes in littoral drift or other changes in water circulation patterns. An affidavit from a professional registered engineer, hydrologist, or geologist may be required by the Planning Commission as a result of the impact assessment required in Section 10.08.110(E).
       A brief statement from the local Soil and Water Conservation Service may serve as evidence that standards 3) and 4) have been met.
    4. Shoreline Stabilization projects shall be timed to minimize impacts on aquatic life.
    5. Proposals for rip-rap shall include evidence that the rock to be used will be effective and will provide justification for use of a slope steeper than 1-1/2 feet horizontal to one foot vertical.
    6. When bulkheads are proposed, evidence shall be provided by the applicant and findings made by the City that other forms of structural stabilization are inappropriate or will not meet the need. Bulkheads should be designed to be permeable to groundwater and runoff. Fill policies and standards shall apply to bulkhead projects which involve fill within estuarine waters, intertidal areas, or tidal wetlands.
    7. When rip-rap is proposed in Estuary Natural (EN) Zones, for purposes other than the protection of unique natural resources, historical and archaeological values, public facilities and uses existing as of October 7, 1977, evidence shall be presented by the applicant and findings made by the City that the project is consistent with the resource capabilities of the area and the protection of significant fish and wildlife habitats and other areas which make an essential contribution to estuarine productivity or fulfill scientific, research, and educational needs.
    8. When structural shoreline stabilization is proposed in Estuary Conservation (EC1) and Conservation 2(EC2) Zones, evidence shall be presented by the applicant and findings made by the City that the project is consistent with the resource capabilities of the area and the long-term use of renewable resources, and does not cause a major alteration of the estuary.
    9. When structural shoreline stabilization is proposed in Estuary Development (ED) Zones, evidence shall be presented by the applicant and findings made by the City that the project is consistent with the maintenance of navigation and other needed public, commercial, and industrial water-dependent uses.
    10. An impact assessment shall be conducted during local, state and federal review of permit applications for structural shoreline stabilization seaward of the line of non-aquatic vegetation or the Mean Higher High Water (MHHW) line. The impact assessment shall follow the procedure outline in Section 10.08.110(E). Identified adverse impacts shall be avoided or minimized to be consistent with the resource capabilities and purposes of the area.
        

Definitions:
ED - Estuary Development
EC1 - Estuary Conservation 1
EC2 - Estuary Conservation 2
ECA - Estuary Conservation Aquaculture
EN - Estuary Natural

P - Permitted
PS - Permitted with standards
C - Conditional
RA - Regulated activity
NP - Not permitted

Permitted: A use or activity which is permitted as an outright use.

Permitted With Standards : A use or activity which is permitted as an outright use subject to specific standards.

Conditional: A use or activity requiring the approval of the Planning Commission before being permitted in a particular zone.

Regulated Activity: Actions involving alteration to the estuary which are generally undertaken in conjunction with off-shore uses and for which state and federal permits are required. These activities are reviewed by the Planning Commission for consistency with the plan and Chapter 10.

Activity: A development action generally taken in conjunction with a use and which makes a use possible; activities do not in and of themselves result in specific use of land and water area; often several activities (e.g. dredging, piling, fill) may occur with a single use (e.g. port facility). Most activities take place in conjunction with a wide variety of uses.

Use: The end to which a water area is ultimately employed.

1. Purpose: The purpose of this Section is to provide an assessment process and criteria for local review and comment on state and federal permit applications which could potentially alter the estuarine ecosystem.
2. Regulated Activities: Are those actions requiring State and/or Federal Permits and include the following:
   1. Fill (either fill in excess of 50 c.y. or fill of less than 50 c.y., which requires a Section 10 or Section 404 permit from the U.S. Army Corps of Engineers).
   2. Dredging (either dredging in excess of 50 c.y. within a 12-month period, or dredging of less than 50 c.y., which requires a Section 10 permit from the U.S. Army Corps of Engineers).
   3. Dredged material disposal including flow lane disposal.
   4. Piling/dolphin installation.
   5. Shoreline stabilization, bankline, or stream alteration involving fill or dredging in excess of 50 c.y.
   6. In-water lot storage.
3. Procedure for Reviewing Regulated Activities: State and Federal permit notices shall be reviewed by the Planning Commission. The review shall be based on requirements of the zone(s) in which the proposed uses and activities are to be located (Section 10.06.025), standards relevant to the proposed uses and activities (Section 10.15.090), an impact assessment (Paragraph E), resource capability and purpose determinations where applicable (Paragraph F), requirements for degradations or reductions of estuarine natural values where applicable (Paragraph G), and comments from State and Federal agencies having responsibility for permit review (Paragraph H). Based on this review, the Planning Commission will decide whether the proposed uses and activities comply with this Chapter and will forward their decision to the appropriate permitting agencies and the permit applicant prior to the final date set for comments. The decision of the Planning Commission may be appealed (Section 10.12.140).
4. Zone Requirements: Uses and activities shall be allowed only if they are allowed in the zones in which they are to be located. Accessory uses proposed for adjacent upland areas must be allowed in the upland zones in which they are to be located. Uses that are permitted with standards must comply with the standards of Section 10.15.090. Uses listed as conditional uses shall be reviewed according to the procedures of Article 10.15.070 and the standards of Section 10.15.090. If a conditional use review is required, the City shall notify the applicant and state and federal permitting agencies and shall request an extension of the comment period.
5. Impact Assessments: The Planning Commission shall, with the assistance of affected state and federal agencies, develop impact assessments for regulated activities. Federal Environmental Impact Statements or Assessments may be substituted if made available to the Planning Department. The following considerations must be addressed in the impact assessment:
   1. The type and extent of alterations expected.
   2. The type of resource(s) affected, including but not limited to, aquatic life and habitats, riparian vegetation, water quality and hydraulic characteristics.
   3. The expected extent of impacts of the proposed alteration on water quality and other physical characteristics of the estuary, living resources, recreation and aesthetic use, navigation and other existing and potential uses of the estuary.
   4. The methods which could be employed to avoid or minimize adverse impacts.
6. Requirements for Resource Capability Determination: Uses and activities for which a resource capability determination is required, shall be allowed only if they are found to be consistent with the resource capabilities of the management unit(s) and the purposes of the zone(s) in which they are to be located. An activity will be found to be consistent with the resource capabilities of a management unit (as described in the Estuarine Resources Element of the Bay City Comprehensive Plan) when either (1) the impacts of the use on estuarine species, habitats, biological productivity and water quality are not significant or; (2) that the resources of the area are able to assimilate the use and activity and their effects and continue to function in a manner consistent with the purposes of the zone. The resource capability determination shall be based on information generated by the impact assessment.
7. Significant Degradations or Reductions of Estuarine Natural Values:
   1. Definition: "Significant degradation" or "reduction of estuarine natural values" include dredging, fill, and other activities which will cause significant off-site impacts as determined by the impact assessment (Section 10.15.110E).
   2. Requirements: Dredging and fill must company with the standards in Section 10.15.090(E) and 10.15.090(G) respectively. Other reductions and degradations of estuarine natural values shall be allowed only if:
      1. A need (i.e. a substantial public benefit) is demonstrated and the use or alteration does not unreasonably interfere with public trust rights.
      2. No feasible alternative upland locations exist.
      3. Adverse impacts are minimized as much as feasible.
8. State and Federal Reviewing Agency Comments: Where the review of regulated activities involves a resource capability and purpose determination or an impact assessment or a request for a single purpose dock or pier, the City shall notify the following agencies: Oregon Department of Fish and Wildlife; Oregon Division of State Lands; Oregon Department of Land Conservation and Development; Oregon Department of Economic Development; U.S. Fish and Wildlife Service; National Marine Fisheries Service; Environmental Protection Agency; U.S. Army Corps of Engineers. Notice will be mailed within seven (7) days of City receipt of the State or Federal permit notice. The notice will include the permit reference, identification of the local decision to be made, references to applicable policies and standards, and notification of comment and appeal periods. The City shall consider any comments received no later than seven days before the closing date for comments on the State or Federal permit notice.
9. Appeals: Planning Commission decisions on regulated activities that involve a conditional use may be appealed according to the requirements of Section 10.12.140. If the decision of the Planning Commission is appealed, the City shall notify the appropriate state and federal permitting agencies and shall request an extension to the comment period to allow for the local appeals process. The Planning Commission shall consider comments of the State and Federal agencies made to the Planning Commission prior to Planning Commission consideration. The State and Federal permit notice shall serve as notice to these agencies that the Planning Commission will be performing its review. The City shall notify the following agencies if a conditional use review is necessary: Oregon Department of Fish and Wildlife, Oregon Division of State Lands, Oregon Department of Land Conservation and Development, Oregon Department of Economic Development, U.S. fish and Wildlife Service, National Marine Fisheries Service, Environmental Protection Agency, U.S. Army Corps of Engineers.