Dunes City City Zoning Code
RIPARIAN OVERLAY
ZONE
§ 155.165 PURPOSE.
The purpose of the Riparian Overlay Zone is to protect the values of significant riparian corridors (defined in § 155.167) which occur within the boundaries of the city.
(Ord. 259, passed - -)
§ 155.166 GOAL 5 REQUIREMENTS.
The state-wide Planning Goal 5 requires cities to protect significant riparian corridors within their boundaries and also defines alternative rules that may be applied to satisfy the goal. The city has adopted the standard Goal 5 process, as defined by O.A.R. 660-023-0020(1).
(Ord. 259, passed - -)
§ 155.167 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FISH HABITAT. Those areas upon which fish depend in order to meet their requirements for spawning, rearing, food supply, and migration.
LOCALLY SIGNIFICANT RIPARIAN CORRIDOR. Any boundary area of lake or stream that is fish bearing.
RIPARIAN AREA. The area adjacent to a river, lake, reservoir, estuary, pothole, spring, bog, wet meadow, muskeg, or ephemeral, intermittent or perennial stream consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem.
RIPARIAN CORRIDOR. A Goal 5 resource that includes the water areas, fish habitat, adjacent riparian areas, and wetlands within the riparian area boundary. Along all lakes, and fish-bearing streams with average annual stream flow less than 1,000 cubic feet per second (CFS), the RIPARIAN CORRIDOR boundary shall be 50 feet from the top of each bank.
RIPARIAN CORRIDOR BOUNDARY. An imaginary line that is a certain distance upland from the top bank. See also § 155.168.
STREAM. A channel such as a river or creek that carries flowing surface water, including perennial streams and intermittent streams, with defined channels and excluding human-made irrigation and drainage channels.
STRUCTURE. A building or other major improvement that is built, constructed, or installed, not including minor improvements, such as fences, utility poles, flagpoles, or irrigation system components, that are not customarily regulated through zoning ordinances.
TOP OF BANK.
(1) The same meaning as “bank-full stage” defined in O.A.R. 141-085-0510(5) as “the two-year recurrence interval flood elevation.”
(2) TOP OF BANK means the distinct break in slope between the stream bank or shoreline and the stream bottom or marine beach or bed, excluding areas of sloughing. For steep banks that extend into the water, the toe may be submerged below the ordinary high water line. For artificial structures, such as jetties or bulkheads, the toe refers to the base of the structure, where it meets the streambed or marine beach or bed.
WATER AREA. The area between the banks of a lake, pond, river, and perennial or fish-bearing intermittent stream, excluding human-made farm ponds.
(Ord. 259, passed - -)
Statutory reference:
Riparian corridor boundaries, see O.A.R. 660-023-0090(1)(d) and O.A.R. 660-023-0090(5)
Streams, see O.A.R. 660-023-0090(1)(e)
Structures, see O.A.R. 660-023-0090(1)(f)
Water areas, see O.A.R. 660-023-0900(1)(h)
§ 155.168 DETERMINATION OF LOCAL SIGNIFICANT RIPARIAN CORRIDORS.
(A) For inventory resources to be protected as a significant Goal 5 resources, the city shall determine that the information used is adequate in accordance with O.A.R. 660-023-0030(3). Upon written objection to the adequacy of the inclusion in the city’s local wetlands inventory and riparian inventory, the adequacy shall be determined by the Planning Commission and may be appealed to the City Council.
(B) The city shall determine which riparian corridors are locally significant in accordance with rules adopted by the State Department of Land Conservation and Development in O.A.R. 660-023-0090(8) and O.A.R. 660-023-0030(4). Only significant riparian corridors shall be listed in the DCLWIRI.
(C) Significant riparian corridors are identified on the DCLWIRI map. These riparian corridors shall be mapped to an accuracy of at least 25 feet and shall be based upon the DCLWIRI.
(Ord. 259, passed - -)
§ 155.169 PROTECTION OF RIPARIAN CORRIDORS.
(A) Locally significant riparian corridors, as listed in the DCLWIRI, shall determine its riparian corridor boundary at 50 feet from the top of bank.
(B) Where the riparian corridor includes all or portions of a locally significant wetland, the boundary shall be measured from the upland edge of the wetland.
(C) With the exception of the following instances listed below, and only when these instances are designed to minimize intrusion into the riparian corridor, grading involving cutting and filling, and placement of structures or impervious surfaces shall not be allowed. Exceptions:
(1) Streets and paths;
(2) Utilities and pumps;
(3) Water-dependent and water-related uses, including one access path not to exceed eight feet in width; and
(4) Replacement of less than 75% of an existing structures in the same position with structures that do not disturb additional areas within the riparian corridor.
(D) Upon an approved variance application, the setback may be allowed to average 50 feet, provided that the design of the development minimizes impact to the riparian corridor.
(E) (1) For existing parcels that, through application of the requirements of this section, have no usable building site, a variance may be granted to allow a building site on the parcel.
(2) Provided, that the design of the development minimizes impact to the riparian corridor.
(F) Within the riparian corridor, riparian vegetation shall not be removed except:
(1) Removal of non-native vegetation and replacement with native plant species shall be allowed; and
(2) (a) Riparian vegetation may be removed if necessary for the development of water-dependent or water-related uses, or as specified in division (C) above.
(b) Provided, such removal is minimized to reduce impact to the riparian corridor and to protect water quality.
(G) Permitted vegetation removal and pruning within the riparian corridor shall comply with the provisions of Chapter 154.
(H) Erosion control measures shall be approved by appropriate regulatory agencies.
(Ord. 259, passed - -)
§ 155.170 PROHIBITED ACTIVITIES WITH RIPARIAN CORRIDORS.
The following activities are prohibited with a riparian corridor, except as may be allowed by § 155.169:
(A) Placement of structures or impervious surfaces, including fences, decks, and the like;
(B) Excavation, grading, fill, stream alteration or diversion, or removal of native vegetation, except for perimeter mowing for fire protection purposes or the installation of a water line to a lake;
(C) Expansion of pre-existing, non-native ornamental vegetation such as lawns;
(D) Dumping, piling, or disposal of refuse, yard debris, or other material; and
(E) Application of chemicals such as herbicides, pesticides, and fertilizers unless applied in accordance with state and federal regulations.
(Ord. 259, passed - -)
§ 155.171 VARIANCES.
(A) The City Council shall be the approving authority for applications for variances to the riparian corridor area provisions. The procedures of §§ 155.465 through 155.470 shall be followed for approval of a variance, except that the variance criteria of this section shall apply subject to the approval of the Department of Stand Lands (DSL) and the U.S. Army Corps of Engineers.
(B) Using a Type I process, the city will correct the location of the wetland protection overlay zone when the applicant has shown that a mapping error has occurred and the error has been verified by. Delineations verified by DSL shall be used to automatically update and replace DCLWIRI mapping. No formal variance application or comprehensive plan amendment is needed for map corrections where DSL-approved delineations are provided.
(2) The City Council will grant a variance to the provisions of this section only when the applicant has shown that all of the following conditions exist:
(a) Through application of any provisions of this subchapter, the property has been rendered not buildable;
(b) The applicant has exhausted all other options available under this subchapter to relieve the hardship;
(c) The proposed variance is the minimum variance necessary to afford relief;
(d) No significant adverse impacts on water quality, erosion, or slope stability will result from approval of this hardship variance, or these impacts have been mitigated to the greatest extent possible; and
(e) Loss of vegetative cover shall be minimized.
(Ord. 259, passed - -)