Dunes City City Zoning Code
OPEN SPACE
OS OVERLAY ZONE
§ 155.115 PURPOSE.
(A) The city has determined as a matter of policy that significant development restraints should be placed upon certain lands. These lands shall be designated Open Space (OS). OS lands shall be further delineated according to whether they are lakes (OS-L) or shorelands (OS-S), as defined in § 155.007, and by the City Comprehensive Plan. These designations, and their attendant development restrictions, shall attach to lands within the city.
(B) The purpose of the OS designation is to prevent irreparable ecological damage and construction upon land which will flood, not support structures, and the like. Specific development restraints shall be accorded different sub-designations.
(C) This section, which authorizes some shoreland structure construction and maintenance upon issuance of a building permit, is intended to meet the stated purpose while facilitating a mere-rapid approval process for such construction and maintenance on waterfront property within the city that is zoned R-1. Those uses not allowed outright with a building permit may be allowed upon approval of a variance application.
(Ord. 259, passed - -)
§ 155.116 LAKES AND SHORELANDS (R-1 ZONE).
The city has jurisdiction for all shoreland structures that are accessed from properties within the city. Construction of any dock, boathouse, or any water-dependent structure requires approval of all applicable local, state, and federal agencies.
(A) Allowed uses.
(1) Shoreland structures that comply with the standards set forth in division (B) below for placement, size, and construction allowed, provided that a building permit is obtained for each structure.
(2) The number of shoreland structures allowed for each lot shall be limited to:
(a) One water access point (stairs, landing, or path);
(b) One dock; and
(c) One boathouse or water-dependent recreational vehicle storage structure.
(B) Standards.
(1) Placement.
(a) As measured from the ordinary high water line (OHW), a pier and gangway shall extend into the water not more than 150 feet perpendicular to the shoreline or to a bottom depth of five feet at the ordinary low water (OLW), whichever provides the shortest extension into the water. In the event of a steep bottom grade, the structure is permitted to extend from the OLW line to the extent that 24 feet of the structure may extend into the water beyond the two-foot water level (at the OLW).
(b) The structure shall not be placed within ten feet of lot sidelines or extensions of these lines into the water.
(c) Enclosed or covered open structures may extend into the water beyond the OLW no more than 50 feet.
(d) Any structure approved for construction on the Siltcoos River, starting a the Lake Boulevard bridge, shall have its long dimension parallel to the shoreline in order to minimize channel flow restriction.
(2) Size.
(a) Docks and boathouses shall have a combined area of no more than 640 square feet. The area of the gangway and pilings are not included in the area of use calculations.
(b) Piers, or docks, shall not exceed 200 square feet in area. Gangways shall not exceed six feet in width.
(c) All structures shall be limited to one story in height, with a maximum of 12 feet vertically from deck to ridgeline.
(d) Water access points (stairs, landings, or paths) in the shorelands shall have a maximum width of eight feet and shall extend through the shoreland by as direct a route as practical.
(e) Water-dependent recreational equipment storage structures shall be no more than 200 square feet in area.
(3) Construction.
(a) The State Structural Specialty Code (OSSC), which is based on the International Building Code (IBC), generally applies to landside structures such as stairs and landings. However, there may components of the on-water or in-water facility that are covered by the OSSC (for example, pilings or docks). Upon signature of the Planning Official on an applicant’s waterway structure registration Application, the application will be subject to review and approval by the State Department of State Lands (DSL) and other state and federal agencies.
(b) The design of all piers and gangways shall provide for:
1. Pile guide clearance to compensate for OHW or float level; and
2. Piers more than 30 inches aboveground or water shall have handrails on at least one side 34 inches high. Piers constructed with more than a 10% grade on the walkway shall have handrails on both sides. Elevated piers or wharves used as mooring structures are not required to have handrails in the areas intended for mooring.
(c) The design for gangways shall provide for:
1. Handrails on both sides of the gangway at the height of at least 34 inches;
2. Rollers under gangway to allow for travel under varied water levels; and
3. Non-skid or other appropriate treatment of the walking surface.
(d) Pilings:
1. Shall use only materials approved by the State Department of State Lands; and
2. Piling tops to be no shorter than two feet above ordinary high water on Woahink Lake and no shorter than four feet above ordinary high water on Siltcoos Lake.
(e) Dredging and filling within the shoreland area is not permitted without the State Department of State Lands and the U.S. Army Corps of Engineers authorization.
(f) All materials used in the construction of shoreland or water-related structures shall be approved by the State Department of State Lands. Proof of such approvals shall accompany all shoreland structure building permit applications (DSL-approved lease or registration will be considered the minimum requirement).
(g) Foam flotation elements shall be encapsulated per the State Marine Board requirements. A copy of the State Marine Board flotation encapsulation certification form shall be submitted to the city prior to final inspection.
(h) Structures extending into the water and fixed relative to the lake bottom, and which may be submerged at ordinary high water, shall have visible markers extending at least four above OHW at intervals of eight feet or less along the length of the submerged structure.
(i) High voltage exterior lighting shall be manually or motion controlled and used only when the illuminated area is occupied. Low voltage own-facing lighting on timers or light level control may be used to illuminate docks for safety. All exterior lighting fixtures shall be equipped with glare shields.
(j) Two adjacent property owners may agree to have shared docks and shared dock access to more than one parcel.
(4) Access to structures and landings.
(a) Access to water-dependent and water-related structures shall be by the shortest route considered safe due to grade or slope stability, and be no more than eight feet wide in straight sections. In the event of routes with sections greater than 16% grade, any change in direction of 45 degrees or higher in the high grade section may be accomplished by the use of landings at the direction change points.
(b) The landings shall be no more than 80 square feet in area. Stairways, landings, and wharfs on grades of 16% or greater shall be engineered by an engineer licensed in the state and approved by the city for safety and slope stability.
(c) Landings (viewing areas) not used for water access are limited to 200 square feet or less in area, and a maximum deck height of less than 30 inches above grade.
(5) Maintenance and repair.
(a) A city building permit shall be required for any repair to a shoreland or water-related structure conforming to this section or allowed under a conditional use permit that is in excess of 75% of the current value of that structure, as determined by the Building Official.
(b) The city building permit shall be required for any non-identical repair of a shoreland or water-related structure.
(c) An approved variance and a building permit shall be required for any repair to a shoreland or water-related structure not conforming to the requirements of this section not already approved by an approved variance that is in excess of 50% of the current value of that structure, as determined by the Building Official.
(d) The Building Official shall verify the percentage value of any maintenance or repair prior to the issuance of a building permit or conditional use permit.
(6) Other requirements.
(a) Public access in coastal shoreland areas shall be retained or replaced when public property, rights-of-way, or public easements are sold, exchanged, or transferred.
(b) Prior to an application for a building permit, shoreland properties shall be surveyed to locate the line 50 feet horizontally upland from the ordinary high water line. This survey shall meet the same standards as a lot line, and permanent steel pins shall be every 50 feet and 50 feet past each end of the proposed building site, or a minimum of five pins. Survey documents shall be provided with the
application.
(c) A permit for a dock shall require one survey pin, with plastic pipe, 50 feet upland from the ordinary high water line, at a center of eight-foot access to said dock. No documents or deed filing is required.
(d) 1. A permit for vegetation removal shall require a survey to locate the line 50 feet upland from the ordinary high water line.
2. This survey shall meet the same standards as a lot line, and permanent steel pins will be marked with two-foot plastic pipe. The spacing of the pins shall be every 50 feet, one at the center of the area and one at each end, or a minimum of three pins. Survey documents shall be provided with the application.
3. Any permit for a new area of vegetation removal shall require a new survey.
(e) A variance procedure may be used for surveys of less than full shoreland boundary length.
(Ord. 259, passed - -)
§ 155.117 LAKES AND SHORELANDS (CC ZONE).
(A) The city has jurisdiction for all shoreland structures that are accessed from properties within the city.
(B) Construction of any dock, boathouse, or any water-dependent structure requires approval of all applicable local, state, and federal agencies.
(Ord. 259, passed - -)