Garibaldi City Zoning Code
Division III
USE ZONES
§ 18.15.010 Purpose.
The R-1 zone is intended to provide an area of primarily single-family homes, duplexes and manufactured homes, with apartments allowed as a conditional use.
(Ord. 290 § 3(3.010), 2006)
§ 18.15.020 Uses permitted outright.
In an R-1 zone, the following uses are permitted outright, subject to the standards and criteria of GMC § 18.15.040:
A.
Single-family dwellings, including modular housing.
B.
Duplexes or two-family dwellings.
C.
Manufactured dwelling.
D.
Home occupations.
E.
Public parks and playgrounds.
F.
Family daycare center.
G.
Residential home.
H.
Manufactured dwelling or recreational vehicle used during the construction of a permitted use for which a building permit has been issued, but not to exceed six months' duration.
I.
Certain transportation facilities as defined in GMC § 18.05.030, specifically:
1.
Normal operation and maintenance of transportation facilities;
2.
Installation of transportation improvements within the existing right-of-way;
3.
Projects identified in the adopted transportation system plan not requiring future land use review and approval;
4.
Landscaping as part of a transportation facility;
5.
Emergency transportation facility measures;
6.
Street or road construction as part of an approved subdivision or partition.
J.
Storage of up to two boats and associated trailers, or two utility trailers, or a combination of one utility trailer and one boat with trailer, licensed by the property owner can be stored on a R-1 zoned lot if they:
1.
Are placed on the portion of the lot farthest from the street;
2.
Are placed on material such as a concrete pad, bark dust, gravel or similar packed material to assist with drainage;
3.
Do not contain or are not used to store any hazardous materials (except gasoline in the primary tank);
4.
Are not used for permanent or temporary habitation;
5.
Are no longer than 24 feet;
6.
Are removed from the property for repair;
7.
The storage site and vehicles are approved by staff prior to use via a permit application. The use must be reviewed on an annual basis.
K.
Accessory Dwelling. An accessory dwelling is a small, secondary unit on a single-family lot, usually the size of a studio apartment. The additional unit can be a detached cottage, a unit attached to a garage, or in a portion of the existing house. See GMC § 18.135.010 for standards pertaining to accessory dwellings.
L.
Vacation rental dwellings established prior to February 11, 2008, and located south of Garibaldi Avenue (U.S. 101) or accessed privately from Garibaldi Avenue (U.S. 101).
(Ord. 290 § 3(3.010(1)), 2006; Ord. 304 Art. III(1), 2008)
§ 18.15.030 Conditional uses permitted.
In an R-1 zone, the following uses are permitted subject to the provisions of Chapter 18.185 GMC and GMC § 18.15.040:
A.
Multifamily dwellings.
B.
Manufactured dwelling parks.
C.
Schools, churches and community buildings.
E.
Bed and breakfast meeting the requirements of GMC § 18.145.010.
F.
Public utility structure.
G.
Government structure.
H.
Daycare center.
I.
Residential facility.
J.
Telecommunication facilities.
L.
Vacation rental dwellings located south of Garibaldi Avenue (U.S. 101) or accessed privately from Garibaldi Avenue (U.S. 101).
(Ord. 290 § 3(3.010(2)), 2006; Ord. 304 Art. III(2), 2008)
§ 18.15.040 Standards and criteria.
In an R-1 zone, the following standards and criteria shall apply to all uses:
A.
The minimum lot size for single-family dwellings, modular housing and manufactured dwellings shall be 5,000 square feet.
B.
The minimum lot size for duplexes shall be 7,500 square feet.
C.
The minimum lot size for a triplex shall be 10,000 square feet. The minimum lot size for multifamily dwellings, structures containing four or more dwelling units shall be 10,000 square feet for the first three dwelling units and 1,500 square feet for each dwelling unit thereafter.
D.
The minimum lot width shall be 30 feet.
E.
The minimum front yard shall be 10 feet.
F.
The minimum rear yard shall be five feet.
G.
The minimum side yard shall be five feet, except on a street side it shall be 10 feet.
H.
The maximum building height shall be 24 feet.
I.
The total amount of the lot on which structures and other impervious surfaces may be constructed shall not exceed 50 percent.
J.
Manufactured dwellings shall meet the requirements of GMC § 18.155.010.
M.
Accessory uses and structures shall comply with GMC § 18.135.010.
(Ord. 290 § 3(3.010(3)), 2006; Ord. 304 Art. III(2), 2008)
§ 18.20.010 Purpose.
The R-O zone is intended to maintain resource lands, including forest lands, watersheds and mineral and aggregate sites, for management protection. Intensive uses are intended to be regulated through the conditional use process.
(Ord. 290 § 3(3.020), 2006)
§ 18.20.020 Uses permitted outright.
§ 18.20.030 Conditional uses.
In the R-O zone, the following uses are permitted subject to the standards and criteria of GMC § 18.20.040 and of Chapter 18.185 GMC:
A.
Public utilities, including waterworks and power lines.
B.
Forest management, including logging, reforestation, road building and spraying of chemicals.
C.
Mineral and aggregate extraction.
D.
Recreation uses involving structures.
(Ord. 290 § 3(3.020(2)), 2006)
§ 18.20.040 Standards.
§ 18.25.010 Purpose.
The C-1 zone is intended to allow certain additional uses not allowed along U.S. Highway 101 in the D-1 zone, and to maintain primary commercial uses such as stores, banks and offices beyond the limits of the downtown zone. Large land users and automobile-oriented drive-through uses are intended to be located in the commercial zone.
(Ord. 290 § 3(3.030), 2006; Ord. 321 § 2, 2014)
§ 18.25.020 Uses permitted outright.
In a C-1 zone, the following uses and their accessory uses are permitted outright, subject to the standards of GMC § 18.25.040:
A.
Primary retail activities, such as shops or stores engaged in the sale of retail merchandise, except establishments selling automobiles, manufactured dwellings or other large merchandise.
B.
Consumer services such as banks, barber and beauty shops, repair shops, printing shops, laundries.
C.
Eating and drinking establishments with no more than incidental alcohol service, including those that provide outdoor seating.
D.
Indoor amusement activities and bowling alleys.
E.
Business, government and professional offices.
F.
Residential uses may be permitted within the commercial zone only when approved as part of a mixed use development. Mixed use developments may include housing above nonresidential uses (e.g., apartment lofts above offices), or housing side-by-side with nonresidential uses. All mixed use developments shall comply with the following standards:
1.
No more than 50 percent of the ground floor space on each lot or parcel may be used for housing. A greater percentage may be approved for housing as part of a master planned development when the master plan provides for development of more than one lot/parcel, and the overall percentage of ground floor space does not exceed 50 percent residential use for the entire site.
G.
Motels, hotels and tourist housing.
H.
Churches, libraries or community meeting halls.
I.
Health facilities such as clinics, nursing homes.
J.
Arts and crafts studios or galleries.
K.
Bus depot.
L.
Parks and publicly owned recreation areas.
M.
Family daycare center and daycare center.
N.
Single-family residences established prior to July 1, 1996, and in a dwelling unit or structure originally permitted and constructed for that use.
O.
Accessory structures.
P.
Certain transportation facilities as defined in GMC § 18.05.030, specifically:
1.
Normal operation and maintenance of transportation facilities;
2.
Installation of transportation improvements within the existing right-of-way;
3.
Projects identified in the adopted transportation system plan not requiring future land use review and approval;
4.
Landscaping as part of a transportation facility; and
5.
Emergency transportation facility measures.
Q.
Street or road construction as part of an approved subdivision or partition.
R.
Car wash.
S.
Attended fueling stations established prior to July 1, 2007.
T.
Special Events. As used in this section, "special event" means a community-oriented and endorsed gathering or celebration intended for recreation, entertainment, fundraising, or other similar purposes. Special events are allowed when:
1.
The special event is limited to no more than seven days per calendar year; and
2.
The special event organizer obtains approval from the Oregon Liquor Control Commission to serve alcohol at the event and otherwise meets all lawful requirements for alcohol sales and consumption outdoors; and
3.
The special event organizer obtains the written permission of the city manager authorizing the outdoor sale and consumption of alcohol at the event.
(Ord. 290 § 3(3.030(1)), 2006; Ord. 319 § 1, 2013; Ord. 321 §§ 3 – 7, 2014)
§ 18.25.030 Conditional uses permitted.
In a C-1 zone, the following conditional uses and accessory uses are permitted, subject to the requirements of GMC § 18.25.040 and Chapter 18.185 GMC:
A.
Service or fueling stations, car lots, lumber yards, manufactured dwellings dealerships, public or private parking facilities, boat dealers, farm equipment dealers, nurseries, and other uses where outdoor sales and storage are associated with the use.
B.
Cabinet or woodworking shops, plumbing, heating, electrical, paint or other contractor storage, repair or sales shops.
C.
Wholesale warehouse or distribution establishments.
D.
Tire retreading, welding or machine shops.
E.
Recreational vehicle parks.
F.
Mini-storage establishments.
G.
Duplex, triplex or multifamily dwellings, subject to GMC § 18.110.010.
H.
Telecommunication facilities.
J.
Residential uses converted from commercial uses.
K.
Eating and drinking establishments with more than incidental alcohol service.
(Ord. 290 § 3(3.030(2)), 2006; Ord. 321 §§ 8 – 10, 2014)
§ 18.25.040 Standards.
In a C-1 zone, the following standards shall apply:
A.
Minimum lot size: none.
B.
Yards and Setbacks. For residential uses, the requirements shall be the same as in the R-1 zone. The minimum yard depth for portions of the property abutting a residential zone will be 15 feet. The Uniform Fire Protection Code shall govern adjacent commercial uses. The minimum setback requirements for commercial structures shall be established by applicable building codes.
C.
Building Height. Maximum building height shall be 30 feet. Maximum building height allowed outright shall be 30 feet. Any building exceeding 30 feet in height shall be reviewed following the standards and procedures for conditional uses under Chapter 18.185 GMC.
D.
Outdoor sales and service areas not requiring conditional use approval shall be approved by the planning commission. Such areas shall not exceed 400 square feet. The planning commission may require that such areas be enclosed by fencing or landscaping where appropriate.
E.
All uses shall meet the parking and sign requirements of this title.
F.
The minimum lot size for a triplex shall be 10,000 square feet. The minimum lot size for multifamily dwellings (four dwelling units or more) shall be 10,000 for the first three units and 1,500 for each unit thereafter. The planning commission may allow up to 50 percent additional dwelling units (up to 39 dwelling units per acre) for senior citizen or adult disabled housing.
G.
There shall be no minimum yard requirements for housing developments in the C-1 zone. Senior citizens and/or adult disabled housing shall provide a minimum of 10 percent of the lot area in maintained landscaping. Family-oriented housing developments shall provide a minimum of 20 percent of the lot area in maintained landscaping. In addition, such developments shall provide a fenced playground which, in the view of the planning commission, is capable of serving the number of projected children.
(Ord. 290 § 3(3.030(3)), 2006; Ord. 321 §§ 11 – 14, 2014)
§ 18.27.010 Purpose.
The D-1 zone is intended to increase and encourage mixed use dense commercial uses in the centralized part of U.S. Highway 101. It is intended to provide an area for small to medium sized commercial uses, encourage revitalization of downtown, and provide for adequate traffic flows and a pedestrian-friendly environment.
(Ord. 304 Art. I(1), 2008; Ord. 321 § 15, 2014)
§ 18.27.020 Uses permitted outright.
In a D-1 zone, the following uses and their accessory uses are permitted outright, subject to the applicable provisions of Division IV (Supplemental Provisions) and all development guidelines for natural hazards of this title:
A.
Primary retail activities, such as shops or stores engaged in the sale of retail merchandise, except for outdoor sales establishments, establishments selling automobiles, manufactured dwellings or other large merchandise.
B.
Consumer services such as banks, barber and beauty shops, repair shops, printing shops, and laundries.
C.
Eating and drinking establishments with no more than incidental alcohol service, including those that provide outdoor seating.
D.
Indoor amusement activities and bowling alleys.
E.
Business, government and professional offices.
F.
Residential uses in accordance with GMC § 18.27.040(H).
G.
Motels, hotels and tourist housing.
H.
Arts and crafts studios or galleries and museums.
I.
Parks and publicly owned plazas.
J.
Single-family residences established prior to July 1, 1996, and in a dwelling unit or structure originally permitted and constructed for that use.
K.
Attended service stations established prior to July 1, 2007.
L.
Automobile drive-through commercial uses established prior to July 1, 2007.
N.
Certain transportation facilities as defined in GMC § 18.05.030 and 18.185.050, specifically:
1.
Normal operation and maintenance of transportation facilities;
2.
Installation of transportation improvements within the existing right-of-way;
3.
Projects identified in the adopted transportation system plan not requiring future land use review and approval;
4.
Landscaping as part of a transportation facility;
5.
Emergency transportation facility measures;
6.
Street or road construction as part of an approved subdivision or partition.
O.
Private or public parking lots intended to provide general parking for the surrounding area and not required under Chapter 18.125 GMC.
P.
Limited outdoor sales in conjunction with an established allowed use, subject to the following standards:
1.
The area devoted to outdoor sales does not occupy any required parking spaces; and
2.
The area devoted to temporary outdoor sales does not occupy more that 10 percent of the floor area devoted to the primary use; and
3.
The product offered for sale outdoors is displayed and stocked adjacent to the building's exterior.
Q.
Special Events. As used in this section, "special event" means a community-oriented and endorsed gathering or celebration intended for recreation, entertainment, fundraising, or other similar purposes. Special events are allowed when:
1.
The special event is limited to no more than seven days per calendar year; and
2.
The special event organizer obtains approval from the Oregon Liquor Control Commission to serve alcohol at the event and otherwise meets all lawful requirements for alcohol sales and consumption; and
3.
The special event organizer obtains the written permission of the city manager authorizing the outdoor sale and consumption of alcohol at the event.
(Ord. 304 Art. I(1), 2008; Ord. 319 § 6, 2013; Ord. 321 §§ 16 – 23, 2014)
§ 18.27.030 Conditional uses permitted.
In a D-1 zone, the following uses and their accessory uses may be conditionally permitted, subject to the applicable provisions of Division IV (Supplemental Provisions) and all development guidelines for natural hazards of this title:
A.
Churches, libraries or community meeting halls.
B.
Health facilities such as clinics and nursing homes.
C.
Family day care center and day care center.
D.
Expansion of service attended fueling station facilities established prior to July 1, 2007.
E.
Expansion of automobile drive-through commercial uses established prior to July 1, 2007.
F.
New automobile drive-through commercial use.
G.
Certain transportation facilities as defined in GMC § 18.05.030 and 18.185.050, specifically:
H.
Other uses similar to the above, subject to meeting applicable criteria listed in GMC § 18.180.020.
I.
Eating and drinking establishments with more than incidental alcohol service.
J.
Accessory structures located in front of the primary structure or use.
(Ord. 304 Art. I(1), 2008; Ord. 321 §§ 24 – 29, 2014)
§ 18.27.040 Standards.
In a D-1 zone, the following standards shall apply:
A.
Building Setbacks. The following setback standards apply to both primary and accessory structures. The standards may be modified only by approval of a variance in accordance with Chapter 18.190 GMC.
1.
Front Yard Setbacks.
a.
Minimum Setback. The minimum allowable front yard setback is three feet to be used to match the sidewalk and to allow for the placement of signs, benches, planters and other elective amenities on private property.
2.
Rear Yard Setbacks. There is no minimum rear yard setback.
B.
Lot Coverage. There is no maximum lot coverage requirement, except that compliance with other sections of this code may preclude full (100 percent) lot coverage for some land uses.
C.
Building Height. All buildings in the Garibaldi downtown district shall comply with the following building height standard, intended to allow for development of appropriately scaled buildings incorporating a storefront character downtown, and to protect solar access, scenic views, and property values of adjacent residential uses in the R-1 zone.
D.
Underground Utilities.
1.
It is the policy of the city to place all utilities underground except as otherwise exempted below. Developers shall make arrangements with serving utility companies for installation possibility of such utilities.
2.
Exceptions. The city may permit overhead utilities as a condition of approval where the applicant can demonstrate one of the following conditions:
3.
Developers shall provide for the installation of conduit to a building for future undergrounding in the case of an exception.
E.
Special Standards for Certain Uses. This section supplements the standards contained in GMC § 18.27.020 through 18.27.030, providing standards for the following land uses in order to control the scale and compatibility of those uses within the downtown zone:
1.
Residential Uses.
a.
Mixed Use Development Required. Residential uses shall be permitted only when part of a mixed use structure (residential with commercial or public/institutional use). Both "vertical" mixed use (housing above the ground floor) and "horizontal" mixed use (housing on the ground floor) developments are allowed.
b.
Limitation on Street-Level Housing. Residential uses on the ground floor may occupy no more than 50 percent of the total ground floor square footage.
2.
Accessory Uses and Structures. Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory structures in the Garibaldi downtown zone may include small workshops, studios, storage sheds, and similar structures. Accessory uses and structures are allowed for all permitted land uses within the Garibaldi downtown zone. Accessory structures shall comply with the following standards:
a.
Primary Use Required. An accessory structure shall not be allowed before or without a primary use.
b.
Setback Standards. Accessory structures shall comply with the setback standards in subsection A of this section.
c.
Restrictions. A structure shall not be placed over an identified alley or easement that prohibits such placement. No structure shall encroach into the public right-of-way.
3.
Sidewalk Displays. Sidewalk display of merchandise next to buildings is permitted; however, a minimum pedestrian clearance of six feet shall be maintained.
4.
Light Manufacture. Light manufacture uses (i.e., manufacturing of small-scale goods, such as crafts, electronic equipment, bakery products, printing and binderies, furniture, and similar goods) shall conform to all of the following standards which are intended to protect the pedestrian-friendly, storefront character of downtown Garibaldi:
F.
Parking Requirements.
1.
Parking Requirements. Parking requirements within the downtown zone shall conform to Chapter 18.125 GMC, with the following exceptions.
2.
On-Street Parking. On-street parking spaces that front and are contiguous to (on the same side of the street) the lot may be counted in the required parking.
3.
Individual surface parking lots shall not exceed a total of 50 parking spaces, or one-half city block, whichever is smaller.
(Ord. 304 Art. I(1), 2008; Ord. 319 §§ 7 – 14, 2013; Ord. 321 § 30, 2014)
§ 18.30.010 Purpose.
The purpose of the general industrial zone is to provide sites for industrial activities requiring large land areas, and which have generally greater impacts on the community, and which may be incompatible with other uses. Proximity to highway and railroad transportation is considered important.
(Ord. 290 § 3(3.040), 2006)
§ 18.30.020 Uses permitted outright.
In the I-1 zone, the following uses are permitted, subject to the standards of GMC § 18.30.040:
A.
Fabrication, production, processing, assembling, packaging or treatment of materials, goods, food stuffs and other semi-finished or finished products from semi-finished or raw materials.
B.
Storage or distribution services or facilities, including terminals, warehouses, storage buildings and yards, contractors' establishments, ready mix plants or similar uses.
C.
Research and development laboratories, including experimental, testing and processing facilities.
D.
Welding or heavy repair services.
E.
Temporary or interim uses which do not preclude the use of the property for more intensive industrial uses.
F.
Public utility structure.
H.
Certain transportation facilities as defined in GMC § 18.05.030, specifically:
1.
Normal operation and maintenance of transportation facilities;
2.
Installation of transportation improvements within the existing right-of-way;
3.
Projects identified in the adopted transportation system plan not requiring future land use review and approval;
4.
Landscaping as part of a transportation facility;
5.
Emergency transportation facility measures;
6.
Street or road construction as part of an approved subdivision or partition.
(Ord. 290 § 3(3.040(1)), 2006)
§ 18.30.030 Conditional uses permitted.
§ 18.30.040 Standards.
In an I-1 zone, the following standards shall apply:
A.
Lot size: no minimum lot size.
B.
Yards and Setbacks. Industrial uses abutting a WD-1 or WD-2 zone shall be set back from the adjoining zone a minimum of 10 feet.*
C.
Buffers and Landscaping. Industrial uses shall establish a sight-obscuring fence or hedge around outdoor storage areas where such storage areas abut a WD-1 or WD-2 zone.*
D.
Building Height. Maximum building height shall be 30 feet.
E.
All uses shall meet the noise, air quality and water quality requirements of the State Department of Environmental Quality (DEQ).
F.
All uses shall meet the parking and sign requirements of this title.
* Code reviser's note: Ordinance 319 replaced the WD-1 and WD-2 zones with the WD and WM zones, respectively.
(Ord. 290 § 3(3.040(3)), 2006)
§ 18.35.010 Purpose.
The WD zone is intended to provide an area in which primarily water-dependent and water-related uses are located for the support of the marine industry. Uses which are not water dependent but which are subordinate and incidental to allowed water-dependent and water-related uses may also be allowed, subject to special standards that are intended to maintain the viability of the marine industry.
(Ord. 290 § 3(3.050), 2006; Ord. 319 § 15, 2013)
§ 18.35.020 Uses permitted outright.
In a WD zone, the following uses and their accessory structures are permitted, subject to the standards and criteria of GMC § 18.35.040:
A.
Low-intensity recreation, such as viewpoints or fishing areas.
B.
Navigational aids.
C.
Maintenance and repair of existing structures and facilities.
D.
Water-dependent industrial uses, including but not limited to:
1.
Land-based portions or piers, wharves, and other terminal and transfer facilities for passengers or waterborne commerce such as fish, shellfish, timber or timber products, metal and port activities associated with such facilities;
2.
Water intake and discharge facilities;
3.
Facilities for the extraction of minerals, aggregate, petroleum, natural gas, earth products or geothermal resources (as defined by ORS 533.10(4)) which require access to water during the extraction procedure;
4.
Water access structure or facilities which require access to a water body as part of the manufacture, assembly, fabrication or repair of marine equipment, due to the size or nature of the craft or equipment;
5.
Seafood receiving and processing facilities;
6.
Other water-dependent industrial uses.
F.
Water-dependent recreational facilities including private docks, moorages and waterfront parks.
G.
Water-dependent portions of aquaculture facilities.
H.
Structural shoreline stabilization.
I.
Landfalls and access corridors for submerged cable, sewer line, waterline or other pipeline crossing.
J.
New dike construction, if required for a water-dependent use.
K.
A temporary use that involves minimal capital investment and no permanent structure, for a period not to exceed one year.
L.
Certain transportation facilities as defined in GMC § 18.05.030, specifically:
1.
Normal operation and maintenance of transportation facilities;
2.
Installation of transportation improvements within the existing right-of-way;
3.
Projects identified in the adopted transportation system plan not requiring future land use review and approval;
4.
Landscaping as part of a transportation facility;
5.
Emergency transportation facility measures;
6.
Street or road construction as part of an approved subdivision or partition.
M.
Utility infrastructure such as water lines, sewer lines, phone lines, electrical lines, cable television lines, and other communications lines. This also includes non-habitable vaults and structures necessary to facilitate these types of infrastructure.
(Ord. 290 § 3(3.050(1)), 2006; Ord. 319 § 15, 2013)
§ 18.35.030 Conditional uses permitted.
In a WD zone, the following uses and their accessory structures are permitted, subject to the provisions of Chapter 18.185 GMC and GMC § 18.35.040:
A.
Water-related industrial uses, including but not limited to:
B.
Water-related commercial uses, including but not limited to:
1.
Seafood retail or wholesale outlets;
2.
Marine craft or marine equipment sales establishments;
3.
Sport fish cleaning, smoking or canning establishments;
4.
Charter fishing offices;
5.
Retail trade establishments providing primarily products necessary for the commercial and recreational fishing industry, such as ice, bait, tackle, nautical charts, gasoline or similar products;
6.
Restaurants which provide a view of the waterfront and which are in conjunction with another water-dependent or water-related commercial use, such as a seafood processing plant or a charter office;
7.
Other water-related uses.
C.
Non-water-dependent or water-related commercial uses in conjunction with an operating water-dependent or water-related use, subject to the special conditional use standards of GMC § 18.185.040(B).
D.
Dredge material disposal.
E.
Mitigation, restoration, creation or enhancement.
(Ord. 290 § 3(3.050(2)), 2006; Ord. 319 § 15, 2013)
§ 18.35.040 Standards.
In the WD zone, the following standards shall apply:
A.
Lot Size. The minimum lot size shall be the area necessary to support the proposed use, including sufficient land for parking, off-loading, ingress and egress, and storage of materials.
B.
Yards and Setbacks. Industrial uses abutting the WM zone shall be set back from the adjoining zone a minimum of 15 feet.
C.
Buffers and Landscaping. Industrial uses shall establish a sight-obscuring fence or hedge around outdoor storage areas where such storage areas abut the WM zone.
E.
Determination of Water-Dependent and Water-Related Uses. In determining whether a use is water-dependent or water-related, the following definitions shall be applied:
1. "Water-dependent"
means a use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for waterborne transportation, recreation, energy production or source of water;
2. "Water-related"a. b.
means uses and activities that do not require direct water access (are not water-dependent), but which:
Provide goods and/or services that are directly associated with other water-dependent uses (supplying materials to, or using products of, water-dependent use); and
If not located near the water, would experience a public loss of quality in the goods and services offered (evaluation of public loss of quality shall involve a subjective consideration of economic, social and environmental consequences of the use).
F.
Building Height. Maximum building height shall be 30 feet. Any building exceeding 30 feet in height shall be reviewed following the standards and procedures for conditional uses under Chapter 18.185 GMC.
G.
Agency Notification. The following agencies shall be notified of proposed conditional uses and activities in the WD zone:
(Ord. 290 § 3(3.050(3)), 2006; Ord. 319 § 15, 2013)
§ 18.40.010 Purpose.
The WM zone is intended to provide a location for water-dependent, water-related and compatible non-water-related uses in a waterfront setting. Development may include a variety of mixed uses including residential uses when their location and design does not preclude or interfere with water-dependent uses on nearby and surrounding lands. The WM zone includes lands which are less suitable for water-dependent uses than those in the WD zone and which are not required to be protected for water-dependent uses. Such lands may include shoreland areas with limited or no access to navigable water or which adjoin estuarine areas unsuitable for development.
(Ord. 290 § 3(3.060), 2006; Ord. 319 § 16, 2013)
§ 18.40.020 Uses permitted outright.
In the WM zone, the following uses are permitted, subject to the standards of GMC § 18.40.040:
A.
Uses that provide support or backup for those uses permitted outright in a WD zone such as parking lots, boat and trailer storage areas, commercial fishing gear storage, accessory structures for port operations and maintenance.
B.
Shipping and port activity.
C.
Water-related industrial or commercial uses such as boat manufacture, repair, and sales, charter fishing office, tackle shop, marine equipment sales, seafood market.
D.
Non-water-related commercial uses such as retail sales establishment, professional office, personal services establishment, gift shop, art gallery.
E.
Restaurant, tavern, or other eating and drinking establishment.
F.
Commercial aquarium or water park.
G.
Public park or recreation area.
H.
Certain transportation facilities as defined in GMC § 18.05.030, specifically:
1.
Normal operation and maintenance of transportation facilities;
2.
Installation of transportation improvements within the existing right-of-way;
3.
Projects identified in the adopted transportation system plan not requiring future land use review and approval;
4.
Landscaping as part of a transportation facility;
5.
Emergency transportation facility measures;
6.
Street or road construction as part of an approved subdivision or partition.
I.
Residential uses may be permitted within the WM zone when approved as part of a mixed-use development, multifamily development or planned unit development. Mixed-use developments may include housing above nonresidential uses (e.g., apartment lofts above offices), or housing side-by-side with nonresidential uses. All mixed-use developments shall comply with the following standards:
1.
No more than 50 percent of the ground floor space on each lot or parcel may be used for housing. A greater percentage may be approved for housing as part of a master planned development when the master plan provides for development of more than one lot/parcel, and the overall percentage of ground floor space does not exceed 50 percent residential use for the entire site.
2.
The maximum allowable density shall not exceed one dwelling for each 3,500 square feet of land area.
(Ord. 290 § 3(3.060(1)), 2006; Ord. 304 Art. IV(1), 2008; Ord. 319 § 16, 2013)
§ 18.40.030 Conditional uses permitted. [1]
In the WM zone, the following uses are permitted, subject to the provisions of Chapter 18.185 GMC and GMC § 18.40.040:
A.
Hotels or motels.
B.
Multifamily developments.
C.
Support activities and uses in conjunction with marine industry and/or water-related recreation, including but not limited to:
D.
Light industrial food or beverage processing use such as a bakery, brewery, distillery.
E.
Indoor amusement such as bowling alley, movie theater, or other entertainment establishment.
F.
Dredge material disposal.
G.
Wetlands mitigation, restoration, creation or enhancement.
H.
Public utility structures.
(Ord. 290 § 3(3.060(2)), 2006; Ord. 319 § 16, 2013)
[1]
Code reviser's note: At the request of the city, subsection K of this section, as adopted by Ordinance 319, has not been codified.
§ 18.40.040 Standards.
In the WM zone, the following standards shall apply:
A.
Lot Size. The minimum lot size shall be the area necessary to support the proposed use, including sufficient area for parking, loading, ingress and egress, and storage of materials. Residential density for multifamily, mixed-use or planned unit developments shall not exceed one dwelling unit for each 3,500 square feet of land area.
B.
Yards and Setbacks. Industrial and commercial uses shall be set back a minimum of 10 feet from abutting nonindustrial and noncommercial uses.
C.
Buffers and Landscaping. Industrial uses shall establish a sight-obscuring fence or hedge around outdoor storage areas.
E.
Building Height. Maximum building height shall be 30 feet. Any building exceeding 30 feet in height shall be reviewed following the standards and procedures for conditional uses under Chapter 18.185 GMC.
F.
Determination of Water-Dependent and Water-Related Uses. The city shall, when considering a new use or expanded use, make a finding that the use is water-dependent or water-related if it conforms with the following definitions:
1. "Water-dependent"
means a use or activity which can be carried out only on, in, or adjacent to a water area because the use requires access to the water body for waterborne transportation, recreation, energy production, or source of water;
2. "Water-related"a. b.
means uses and activities that do not require direct water access (are not water-dependent), but which:
Provide goods and/or services that are directly associated with other water-dependent uses (supplying materials to, or using products of, water-dependent uses); and
If not located near the water, would experience a public loss of quality in the goods and services offered (evaluation of public loss of quality shall involve a subjective consideration of economic, social and environmental consequences of the use).
(Ord. 290 § 3(3.060(3)), 2006; Ord. 319 § 16, 2013)
§ 18.45.010 Purpose.
It is the intent of this overlay zone to designate dredged material disposal sites in the city with respect to present and expected water-dependent development and navigational access requirements and to protect these sites for dredge material operations.
(Ord. 290 § 3(3.070), 2006)
§ 18.45.020 Designation of dredge material disposal sites.
The DMD overlay zone shall be designated on Garibaldi land use and zoning maps and shall conform to the dimensions of the priority DMD site(s) specified in the Tillamook County dredge material disposal plan as being acceptable for dredge material disposal. Subsequent revisions to the Tillamook County dredge material disposal plan shall be recorded by an amendment to the land use and zoning map.
(Ord. 290 § 3(3.070(1)), 2006)
§ 18.45.030 Uses permitted in a DMD zone.
Dredge material disposal is a permitted use in the DMD zone. In addition, only those uses and activities allowed in the underlying zone that do not preempt the site's future use for dredge material disposal are allowed. (Refer to GMC § 18.45.040.) Such uses and activities are subject to the requirements of the underlying zone.
(Ord. 290 § 3(3.070(2)), 2006)
§ 18.45.040 Determination of preemptive uses.
Incompatible or preemptive uses of the dredge material disposal sites are:
A.
Uses requiring substantial structural or capital improvements (e.g., construction of permanent buildings).
B.
Uses that require extensive alteration of the topography of the site, thereby reducing the potential usable volume of the dredged material disposal area (e.g., extensive site grading, elevation by placement of fill materials other than dredged spoils).
C.
Uses that include changes made to the site that would prevent expeditious use of the site for dredge material disposal. Such uses would delay deposition of dredged materials on the site beyond the period of time commonly required to obtain the necessary federal, state and local dredging and spoil disposal permits (approximately 90 days).
(Ord. 290 § 3(3.070(3)), 2006)
§ 18.45.050 Removal of dredged material disposal site designation.
Sites may be removed by an amendment to the comprehensive plan and zoning ordinance in the following situations:
A.
After a dredged material disposal site has been filled to capacity and is no longer available for additional dredged material disposal.
B.
Removal of a dredged material disposal site designation before a site has been filled to capacity only if:
(Ord. 290 § 3(3.070(4)), 2006)
§ 18.45.060 Agency notification.
The following agencies shall be notified of proposed uses and activities in the DMD overlay zone:
A.
The Oregon Department of Fish and Wildlife;
B.
Oregon Division of State Lands;
C.
Oregon Department of Land Conservation and Development;
D.
Oregon Department of Economic Development;
E.
U.S. Fish and Wildlife Service;
F.
Environmental Protection Agency;
G.
U.S. Army Corps of Engineers; and
H.
The Port of Garibaldi.
(Ord. 290 § 3(3.070(5)), 2006)
§ 18.50.010 Purpose.
The purpose of the sensitive bird habitat overlay zone is to ensure that habitat areas identified as critical for the great blue heron are protected from the effects of conflicting uses or activities. This objective shall be achieved through the development of site-specific management plans that ensure that proposed uses and activities will neither destroy nor result in the abandonment of sensitive bird habitat areas.
(Ord. 290 § 3(3.075(1)), 2006)
§ 18.50.020 Definition of nest sites.
All great blue heron rookeries identified in the comprehensive plan shall be subject to the requirements of the sensitive bird habitat overlay zone. When additional sites are identified by the Oregon Department of Fish and Wildlife they shall be added to the comprehensive plan, and become subject to the requirements of the sensitive bird habitat overlay zone.
(Ord. 290 § 3(3.075(2)), 2006)
§ 18.50.030 Development and uses permitted.
Uses permitted in the underlying zone(s) are permitted or conditionally permitted in the sensitive bird habitat overlay zone subject to the additional procedure and requirements of GMC § 18.50.040. The overlay zone does not regulate forest practices. Requirements of the Forest Practices Act will be applied to sensitive bird habitat located on forest lands outside the urban growth boundary through the requirements of the Oregon Department of Forestry.
(Ord. 290 § 3(3.075(3)), 2006)
§ 18.50.040 Development and use criteria.
The following review procedure and criteria shall apply:
A.
The review procedure is initiated when Garibaldi receives a request for a permit that may affect a sensitive bird habitat.
B.
A proposed use or activity involving road building or land clearing is considered to have the potential for affecting a sensitive bird habitat if it is located within 600 feet of a heron rookery. All other uses or activities are considered to have the potential for affecting a sensitive bird habitat if it is located within 300 feet of a heron rookery.
C.
If a proposed use or activity meets the locational criteria of subsection B of this section, Garibaldi shall notify the Oregon Department of Fish and Wildlife and the person proposing the use or activity.
D.
Upon notification, the Oregon Department of Fish and Wildlife shall review the proposed use or activity and make a determination of whether the use or activity has the potential for adversely affecting a sensitive bird habitat area. In making this review and determination, the Oregon Department of Fish and Wildlife shall consult with the affected landowner(s), the city of Garibaldi and appropriate state agencies. The determination shall be completed within 10 working days of the receipt of notice from Garibaldi.
E.
If the Oregon Department of Fish and Wildlife determines that the sensitive habitat will not be affected, it shall so notify the city of Garibaldi and the city may proceed with the processing of the permit application.
F.
If the Oregon Department of Fish and Wildlife determines that a sensitive habitat would be affected, the person proposing the use or activity shall prepare a site-specific habitat protection plan. The plan shall demonstrate that the proposed development can be accomplished without conflicting with or jeopardizing the sensitive bird habitat area. The plan shall consider nesting trees, critical nesting periods, roosting sites and buffer areas. The habitat protection plan shall be prepared in cooperation with, and approved by, the Department of Fish and Wildlife.
G.
The city shall incorporate the requirements of the Oregon Department of Fish and Wildlife approved habitat protection plan into any action it takes on the proposed development.
(Ord. 290 § 3(3.075(4)), 2006)
§ 18.55.010 General priorities.
Estuary zones shall be applied to all estuarine waters, intertidal areas, submerged and submersible lands and tidal wetlands up to the line of nonaquatic vegetation of the mean higher high water (MHHW) line, whichever is most landward.
(Ord. 290 § 3(3.080(1)), 2006)
§ 18.55.020 Uses permitted outright.
The following uses are permitted outright within all estuary zones:
A.
Maintenance and repair of existing structures or facilities not involving a regulated activity. For the purpose of this chapter, "existing structures or facilities" are defined as:
1.
Structures or facilities in current use or good repair as of the date of adoption of the ordinance codified in this chapter (including structures or facilities which are in conformance with the requirements of this chapter and nonconforming structures or facilities established prior to October 7, 1977).
B.
Low-intensity, water-dependent recreation, including but not limited to fishing, crabbing, clamming, wildlife observation, swimming and hunting.
C.
Research and educational observation.
D.
Grazing of livestock.
E.
Fencing; provided, that it is not placed across publicly owned lands or publicly owned intertidal areas so as to restrict public access to or recreational boating access across said lands and intertidal areas.
F.
Passive restoration.
G.
Dike maintenance and repair for:
1.
Existing serviceable dikes (including those that allow some seasonal inundation); and
2.
Dikes that have been damaged by flooding, erosion or tidegate failure where the property has not reverted to estuarine habitat; and
3.
Dikes that have been damaged by flooding, erosion or tidegate failure where the property has reverted to estuarine habitat only if the property is in the farm (F-1) zone and it has been in agricultural use for three of the last five years and reversion to estuarine habitat has not occurred more than five years prior.
Garibaldi will rely on the U.S. Army Corps of Engineers and the Division of State Lands to determine whether an area has reverted to estuarine influence.
For the purpose of this subsection, "agricultural use" means using an area for pasture several months of the year or harvesting this area once a year.
(Ord. 290 § 3(3.080(2)), 2006)
§ 18.60.010 Purpose and areas included.
The purpose of the EN zone is to provide for preservation and protection of significant fish and wildlife habitats and other areas which make an essential contribution to estuarine productivity or fulfill scientific research or educational needs. Except where a goal exception has been taken in the Garibaldi comprehensive plan, the EN zone includes the following areas within the estuary:
A.
Major tracts of tidal marsh, intertidal flats and seagrass and algae beds. The "major tract" determination is made through a consideration of all the following criteria: size/extent; habitat value; scarcity; and degree of alteration.
(Ord. 290 § 3(3.090(1)), 2006)
§ 18.60.020 Uses permitted with standards.
The following uses are permitted with standards within the EN zone; provided, that the procedures in Chapter 18.165 GMC and the development standards in Chapter 18.160 GMC have been met:
A.
Maintenance and repair of existing structures or facilities involving a regulated activity.
B.
Navigational aids.
C.
Vegetative shoreline stabilization.
D.
Temporary dikes for emergency flood protection.
E.
Mooring buoy.
F.
Tidegate installation in existing functional dikes.
G.
Bridge crossing and bridge crossing support structures.
(Ord. 290 § 3(3.090(2)), 2006)
§ 18.60.030 Conditional uses.
The following uses are conditional within the EN zone and may be permitted by the planning commission, subject to the procedures in Chapter 18.165 GMC, provisions of Chapter 18.185 GMC and the development standards in Chapter 18.160 GMC:
A.
Aquaculture and water-dependent portions of aquaculture facilities that do not require dredging or fill.
B.
Riprap to protect unique natural resources, historical and archaeological values, public facilities and uses existing as of October 7, 1977, and uses allowed by this zone.
C.
Water, sewer, gas or phone lines.
D.
Electrical distribution lines and line support structures.
E.
Active restoration and estuarine enhancement.
F.
Temporary low water bridges.
G.
Temporary alterations.
H.
Boat ramps for public use where no dredging or fill for navigational access is needed.
I.
Water intake structures for outbay aquaculture.
J.
Transportation facilities as defined in GMC § 18.05.030, specifically:
1.
Normal operation and maintenance of transportation facilities;
2.
Installation of transportation improvements within the existing right-of-way;
3.
Projects identified in the adopted transportation system plan not requiring future land use review and approval;
4.
Landscaping as part of a transportation facility;
5.
Emergency transportation facility measures;
6.
Street or road construction as part of an approved subdivision or partition;
7.
Transportation projects that are not designated improvements in the transportation system plan; and
8.
Transportation projects that are not designed and constructed as part of an approved subdivision or partition.
(Ord. 290 § 3(3.090(3)), 2006)
§ 18.60.040 Regulated activities.
The following regulated activities are permitted within the EN zone; provided, that the requirements of Chapter 18.160 GMC have been met. Regulated activities shall be reviewed by the procedure provided in Chapter 18.165 GMC.
A.
B.
Riprap for structural shoreline stabilization and protection of uses allowed in this zone.
E.
Regulated activities in conjunction with an approved active restoration or estuarine enhancement project.
F.
Regulated activities in conjunction with temporary alterations.
G.
Fill for installation of public boat ramps or bridge crossing support structures.
H.
Incidental dredging for harvest of benthic species or removal of in-water structures such as stakes or racks.
(Ord. 290 § 3(3.090(4)), 2006)
§ 18.65.010 Purpose and areas included.
A.
The purpose of the EC-1 zone is to:
1.
Provide for long-term utilization of areas that support, or have the potential to support, valuable biological resources;
2.
Provide for long-term maintenance and enhancement of biological productivity;
3.
Provide for the long-term maintenance of the aesthetic values of estuarine areas, in order to promote or enhance the low-intensity recreational use of estuarine areas adjacent to rural or agricultural shorelands.
B.
Except where a goal exception has been taken in the Garibaldi comprehensive plan, the EC‑1 zone includes the following areas within the Tillamook Bay estuary:
1.
Tracts of tidal marshes, tideflats, seagrass and algae beds which are smaller or of less biological importance than those designated as estuary natural (EN);
2.
Productive recreational or commercial shellfish and fishing areas;
3.
Areas that are partially altered and adjacent to existing development of moderate intensity that do not possess the resource characteristics of EN or ED units; and
4.
Areas with potential for shellfish culture (excluding platted oyster beds in Tillamook Bay).
(Ord. 290 § 3(3.106(1)), 2006)
§ 18.65.020 Uses permitted with standards.
The following uses are permitted with standards within the EC-1 zone; provided, that the procedures in Chapter 18.165 GMC and the development standards in Chapter 18.160 GMC have been met.
A.
Maintenance and repair of existing structures or facilities involving a regulated activity;
B.
Navigational aids;
C.
Vegetative shoreline stabilization;
D.
Structural shoreline stabilization, limited to riprap;
E.
Boat dock in conjunction with one or more private residences. Single-purpose private docks shall be limited to maximum of 150 square feet in size;
F.
Water, sewer, gas or phone lines;
G.
Electrical distribution lines and line support structures;
H.
Active restoration and estuarine enhancement;
I.
Temporary dikes for emergency flood protection;
J.
Mooring buoys;
K.
Temporary low water bridges;
L.
Tidegate installation in existing functional dikes adjacent to EC-1 zones;
M.
Aquaculture and water-dependent portions of aquaculture facilities not requiring dredge or fill other than incidental dredging for harvest of benthic species or removal of in-water structures such as stakes or racks;
N.
Bridge crossings and bridge crossing support structures;
O.
Boat ramps for public use where no dredging or fill for navigational access is needed.
(Ord. 290 § 3(3.106(2)), 2006)
§ 18.65.030 Conditional uses.
The following uses are conditional within the EC-1 zone and may be permitted by the planning commission, subject to the provisions of Chapter 18.185 GMC, procedures in Chapter 18.165 GMC and the development standards in Chapter 18.160 GMC:
A.
Water-dependent portions of aquaculture facilities which require dredge or fill;
B.
Water-dependent recreational facilities, including:
1.
Boat ramps requiring dredging or fill for navigational access;
2.
Community boat docks in conjunction with a subdivision or planned development;
3.
Public or commercial docks and moorages for recreational marine craft (including seaplanes) and accessory uses not requiring the use of fill or the occupation of additional estuarine surface area;
C.
Mining and mineral extraction;
D.
Storm water and treated sewer outfall;
E.
Bulkheads for structural shoreline stabilization;
F.
Temporary alterations;
G.
Minor navigational improvements;
H.
Transportation facilities as defined in GMC § 18.05.030, specifically:
1.
Normal operation and maintenance of transportation facilities;
2.
Installation of transportation improvements within the existing right-of-way;
3.
Projects identified in the adopted transportation system plan not requiring future land use review and approval;
4.
Landscaping as part of a transportation facility;
5.
Emergency transportation facility measures;
6.
Street or road construction as part of an approved subdivision or partition;
7.
Transportation projects that are not designated improvements in the transportation system plan; and
8.
Transportation projects that are not designed and constructed as part of an approved subdivision or partition.
(Ord. 290 § 3(3.106(3)), 2006)
§ 18.65.040 Regulated activities.
The following regulated activities are permitted within the EC-1 zone; provided, that the requirements of Chapter 18.160 GMC have been met. Regulated activities shall be reviewed by the procedure provided in Chapter 18.165 GMC.
A.
B.
Riprap for structural shoreline stabilization and protection of uses allowed by this zone.
C.
Dredging for:
1.
Bridge crossing support structure installation.
2.
Storm water or treated sewage outfall installation.
3.
Tidegate installation in existing functional dikes adjacent to EC-1 zones.
4.
Water, sewer, gas or phone line installation.
5.
Electrical distribution line installation.
6.
Mining or mineral extraction.
7.
Water intake facilities.
8.
Boat ramps.
9.
Minor navigational improvements.
10.
Water-dependent portions of aquaculture facilities.
E.
Regulated activities in conjunction with an approved active restoration or estuarine enhancement project.
F.
Incidental dredging for harvest of benthic species or removal of in-water structures such as stakes or racks.
G.
Regulated activities in conjunction with temporary alterations.
(Ord. 290 § 3(3.106(4)), 2006)
§ 18.70.010 Purpose and areas included.
A.
The purpose of the EC-2 zone is to:
1.
Provide for long-term use of renewable resources that do not require major alteration of the estuary except for purposes of restoration.
2.
Other than minor navigational improvements, aquaculture facilities and water-dependent recreational facilities, provide for new water-dependent industrial and commercial uses only where dredging and filling are not necessary and where consistent with the resource capabilities of the area and purposes of the management unit.
B.
The EC-2 zone includes the following areas:
1.
Tracts of significant habitat not included in EN or EC-1 zones;
2.
Areas containing existing water-dependent development that require periodic dredging to maintain water access;
3.
Partially altered estuarine areas or estuarine areas adjacent to existing water-dependent development and which do not otherwise qualify for EN, EC-1 or ED designations; and
4.
Subtidal channel areas that require minor navigational improvements, navigable areas which are adjacent to urbanized areas, which do not qualify for EN or EC-1 designation and which are not federally authorized and maintained navigation channels.
(Ord. 290 § 3(3.108(1)), 2006)
§ 18.70.020 Uses permitted with standards.
The following uses are permitted with standards within the EC-2 zone; provided, that the procedures in Chapter 18.165 GMC and the development standards in Chapter 18.160 GMC have been met.
A.
Aquaculture and water-dependent portions of aquaculture facilities not requiring dredging or fill other than incidental dredging for harvest of benthic species or removable in-water structures such as stakes or racks.
B.
Navigational aids.
C.
Vegetative shoreline stabilization.
D.
Structural shoreline stabilization, limited to riprap.
E.
Boat dock in conjunction with one or more private residences. Single-purpose private docks shall be limited to a maximum of 150 square feet in size.
F.
Tidegate installation in existing dikes adjacent to EC-2 zones.
G.
Water, sewer, gas or phone lines.
H.
Electrical distribution lines and line support structures.
I.
Temporary dikes for emergency flood protection.
J.
Active restoration and estuarine enhancement.
K.
Water intake facilities for outbay aquaculture requiring dredge or fill.
L.
Temporary low water bridges.
M.
Boat ramps for public use where no dredging or fill for navigation access is needed.
N.
Maintenance and repair of existing structures or facilities involving a regulated activity.
O.
Bridge crossing and bridge crossing support structures.
(Ord. 290 § 3(3.108(2)), 2006)
§ 18.70.030 Uses permitted conditionally.
The following uses are conditional within the EC-2 zone, and may be permitted by the planning commission, subject to the provisions of Chapter 18.185 GMC, the procedures in Chapter 18.165 GMC and the development standards in Chapter 18.160 GMC.
A.
Water-dependent recreational facilities, including:
1.
Boat ramps that require dredging or fill for recreational access.
2.
Community boat docks in conjunction with a subdivision or planned development.
3.
Public or commercial docks, moorages and marinas for recreational marine craft (including seaplanes) and accessory uses not requiring the use of fill or the occupation of additional estuarine surface area.
B.
Water-dependent commercial facilities not requiring the use of dredging or fill, including moorages, docks and marinas for commercial marine craft (including seaplanes), and accessory uses not requiring the use of fill or the occupation of additional estuarine surface area.
C.
Water-dependent industrial facilities not requiring the use of dredging or fill, including:
1.
Piers, wharves and other terminal and transfer facilities for passengers or waterborne commerce, such as fish, shellfish, metal, timber or timber products.
2.
Water intake and discharge structures.
3.
Water access structures or facilities that require access to a water body as part of the manufacturing, assembly, fabrication or repair of marine craft or marine equipment, due to the size of the craft or equipment.
D.
Other water-dependent uses not requiring the use of dredging or fill. A use is determined to be water-dependent when it can be carried out only on, in or adjacent to water, and the location or access is needed for:
E.
Navigational structures, limited to floating breakwaters.
F.
Mining and mineral extraction.
G.
Storm water and sewer outfalls.
H.
Bulkheads for structural shoreline stabilization.
I.
Water-dependent portions of aquaculture facilities requiring dredging or fill.
J.
Temporary alteration.
K.
Minor navigational improvements.
L.
Transportation facilities as defined in GMC § 18.05.030, specifically:
1.
Normal operation and maintenance of transportation facilities;
2.
Installation of transportation improvements within the existing right-of-way;
3.
Projects identified in the adopted transportation system plan not requiring future land use review and approval;
4.
Landscaping as part of a transportation facility;
5.
Emergency transportation facility measures;
6.
Street or road construction as part of an approved subdivision or partition;
7.
Transportation projects that are not designated improvements in the transportation system plan; and
8.
Transportation projects that are not designed and constructed as part of an approved subdivision or partition.
(Ord. 290 § 3(3.108(3)), 2006)
§ 18.70.040 Regulated activities.
The following regulated activities are permitted within the EC-2 zone; provided, that the requirements of Chapter 18.160 GMC have been met. Regulated activities shall be reviewed by the procedure provided in Chapter 18.165 GMC.
A.
C.
Dredging for:
1.
Maintenance of existing facilities.
2.
Minor navigational improvements.
3.
Water-dependent recreational facilities.
4.
Water-dependent portions of aquaculture facilities.
5.
Mining or mineral extraction.
6.
Bridge crossing support structure installation.
7.
Outfall installation.
8.
Water, sewer or gas line installation.
9.
Electrical distribution line installation.
10.
Tidegate installation in existing dikes adjacent to EC-2 zones.
11.
Boat ramps.
D.
Riprap for structural shoreline stabilization and protection of uses allowed by this zone.
F.
Regulated activities in conjunction with an approved active restoration or estuarine enhancement project.
G.
Incidental dredging for harvest of benthic species or removal of in-water structures such as stakes or racks.
H.
Regulated activities in conjunction with temporary alterations.
(Ord. 290 § 3(3.108(4)), 2006)
§ 18.75.010 Purpose and areas included.
A.
The purpose of the ED zone is to:
B.
The ED zone includes the following areas within development estuaries:
1.
Areas that contain public facilities which are utilized for shipping, handling or storage of waterborne commerce, or for moorage or fueling of marine craft.
2.
Subtidal channel areas adjacent or in proximity to the shoreline which are currently used or needed for shallow-draft navigation (including authorized, maintained channels and turning basins).
3.
Areas of minimum biologic significance needed for uses requiring alteration of the estuary not included in EN, EC-1, and EC-2 zones.
(Ord. 290 § 3(3.110(1)), 2006)
§ 18.75.020 Uses permitted with standards.
The following uses are permitted with standards within the ED zone; provided, that the procedures in Chapter 18.165 GMC and the development standards in Chapter 18.160 GMC have been met.
A.
Maintenance and repair of existing structures or facilities involving a regulated activity.
B.
Navigational structures and navigational aids.
C.
Vegetative shoreline stabilization.
D.
Structural shoreline stabilization.
E.
Tidegate installation in existing dikes adjacent to ED zones.
F.
Water, sewer, gas or phone lines.
G.
Electrical distribution lines and line support structures.
H.
Temporary dikes for emergency flood protection.
I.
Mooring buoys.
J.
Temporary low water bridges.
K.
Temporary alterations.
L.
Active restoration or estuarine enhancement.
M.
Bridge crossing and bridge crossing support structure.
N.
Water-dependent commercial uses, including docks, moorages, marinas for commercial marine craft (including seaplanes).
O.
Water-dependent industrial uses, including:
1.
Piers, wharves, and other terminal and transfer facilities for passengers or waterborne commerce, such as fish, shellfish, metal, timber or timber products.
2.
Water intake and discharge structures.
3.
Water access structures or facilities that require access to a water body as part of the manufacturing, assembly, fabrication or repair of marine craft or marine equipment due to the size of the craft or equipment.
Q.
Aquaculture and water-dependent portions of aquaculture facilities.
R.
Other water-dependent uses. A use is determined to be water-dependent when it can be carried out only on, in or adjacent to water, and the location or access is needed for:
(Ord. 290 § 3(3.110(2)), 2006)
§ 18.75.030 Conditional uses.
The following uses are conditional within the ED zone, and may be permitted by the planning commission, subject to the provisions of Chapter 18.185 GMC, the procedures of Chapter 18.165 GMC and the development standards in Chapter 18.160 GMC, and only after a finding that the proposed facility does not preclude or unduly conflict with water-dependent use on the site or in the adjacent water-dependent development shorelands.
B.
Water-related commercial uses not requiring the use of fill, including but not limited to:
1.
Fish or shellfish retail or wholesale outlets.
2.
Marine craft or marine equipment sales establishments.
3.
Sport fish cleaning, smoking or canning establishments.
4.
Charter fishing offices.
5.
Retail trade facilities in which the majority of products are products such as ice, bait, tackle, nautical charts, gasoline or other products incidental to or used in conjunction with a water-dependent use.
6.
Restaurants which provide waterfront views and are in conjunction with a water-dependent or water-related use such as a seafood processing plant or charter office.
C.
In-water sorting, storage and handling of logs in association with waterborne transportation of logs.
D.
Other water-related uses not requiring the use of fill. A use is determined to be water-related when the use:
1.
Provides goods and/or services that are directly associated with water-dependent uses (supplying materials to, or using products of, water-dependent uses).
2.
If not located near the water, would experience a public loss of quality in the goods and services offered. Evaluation of public loss of quality will involve a subjective consideration of economic, social and environmental consequences of the use.
F.
Mining and mineral extraction.
G.
Storm water and sewer outfalls.
H.
Non-water-dependent and non-water-related uses not requiring the use of fill.
J.
Temporary alterations.
K.
Transportation facilities as defined in GMC § 18.05.030, specifically:
1.
Normal operation and maintenance of transportation facilities;
2.
Installation of transportation improvements within the existing right-of-way;
3.
Projects identified in the adopted transportation system plan not requiring future land use review and approval;
4.
Landscaping as part of a transportation facility;
5.
Emergency transportation facility measures;
6.
Street or road construction as part of an approved subdivision or partition;
7.
Transportation projects that are not designated improvements in the transportation system plan; and
8.
Transportation projects that are not designed and constructed as part of an approved subdivision or partition.
(Ord. 290 § 3(3.110(3)), 2006)
§ 18.75.040 Regulated activities.
The following regulated activities are permitted within the ED zone; provided, that the requirements of Chapter 18.160 GMC have been met. Regulated activities shall be reviewed by the procedures provided in Chapter 18.165 GMC.
A.
Regulated activities in association with on-site maintenance and repair of existing structures or facilities.
B.
Dredging for:
1.
Maintenance of existing facilities.
2.
Navigational improvements.
3.
Water-dependent portions of aquaculture operations.
4.
Water-dependent uses.
5.
Mining and mineral extraction.
6.
Bridge crossing support structure installation.
7.
Outfall installation.
8.
Water, sewer or gas line installation.
9.
Electrical distribution line installation.
10.
Tidegate installation in existing dikes adjacent to ED zones.
E.
Riprap for structural shoreline stabilization or protection of uses allowed by this zone.
F.
Dredged material disposal in an approved DMD site or in conjunction with an approved fill project, subject to state and federal permit requirements for dredged material disposal.
G.
Regulated activities in conjunction with an approved active restoration or estuarine enhancement project.
H.
Flow-lane disposal of dredge material, subject to state and federal permit requirements.
I.
Incidental dredging for harvest of benthic species or removal of in-water structures such as stakes or racks.
J.
Regulated activities in conjunction with temporary alterations.
(Ord. 290 § 3(3.110(4)), 2006)
§ 18.75.050 Additional requirements.
Garibaldi boat basin exception area: Development shall be limited to that described in the goal exception for the expansion of the Garibaldi boat basin.
(Ord. 290 § 3(3.110(5)), 2006)
§ 18.80.010 Purpose.
The hillside overlay zone applies to all areas of the city where the slope of the land is 20 percent or greater. The intent of the zone is to establish special criteria and procedures for development in a way that the potential for property damage and adverse impacts on the natural environment are reduced, so that safe, orderly and beneficial development in the zone results. For the purposes of this section, "development" is defined as any alteration of the land surface greater than two feet in depth by construction of any kind, including hand or machine grading, filling, cutting and other earth moving activities, and/or construction of a building, road, driveway, parking area or other structure. Normal landscaping activities are not regulated by this section.
(Ord. 290 § 3(3.120(1)), 2006)
§ 18.80.020 Area affected.
Areas of land with a slope of more than 20 percent are identified on a map titled "Slope, Garibaldi, Oregon" which is contained in the comprehensive plan of the city of Garibaldi. The boundaries of this overlay district are consistent with information available to the city on the slope of parcels within the city. Boundaries may be changed where site-specific survey information shows that the slope of a given parcel of land is less than 20 percent. Where such information is provided, the requirements of the hillside overlay zone are not applicable.
(Ord. 290 § 3(3.120(2)), 2006)
§ 18.80.030 Development and uses permitted.
§ 18.80.040 Procedure.
The requirements of the hillside overlay zone shall be met prior to the issuance of a building permit. The requirements of this section shall also be met in conjunction with any request for approval of a subdivision, or a major or minor partition, or planned unit development. Where the requirements of the hillside overlay zone are met as part of the review and approval of a subdivision, major partition, or minor partition, or planned unit development, no further review, prior to the issuance of a building permit, will be required for property located within an approved subdivision, major partition or minor partition, or planned unit development.
(Ord. 290 § 3(3.120(4)), 2006)
§ 18.80.050 Development and use criteria.
A.
The city planner, at the direction of the city council, shall require the following reports be provided by an applicant who proposes to develop land within the hillside overlay zone. The cost of all reports shall be borne by the applicant.
1.
Geologic Site Investigation. This report shall include an adequate description, as defined by the building official, of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and recommendations on specific engineering or construction methods which will eliminate or minimize to an acceptable level any identified geologic hazards. The report shall be prepared by a registered geologist.
2.
Grading Plan. This plan shall include the following information:
a.
Existing and proposed contours (five-foot intervals) of property;
b.
Details of terrain and area drainage;
c.
Location of any existing buildings or structures on the property where the work is to be performed, the location of any existing buildings or structures on land of adjacent owners that are within 15 feet of the property or that may be affected by the proposed grading operations, and proposed or approximate locations of structures relative to adjoining topography;
d.
The direction of drainage flow and the approximate grade of all streets;
e.
Limiting dimensions, elevations, or finish contours to be achieved by the grading, including all cut and fill slopes, proposed drainage channels, and related construction;
f.
Detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs, and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing drainage area, the complete drainage network, including outfall lines and natural drainage ways which may be affected by the proposed development, and the estimated runoff of the area served by the drains.
The grading plan shall be prepared by a registered civil engineer.
3.
Erosion Control Plan. This plan shall describe measures to be taken to stabilize slopes and minimize soil erosion during construction.
B.
The following requirements are applicable to geologic site investigations:
1.
The burden of proof shall be upon the applicant to show construction feasibility in hazardous areas. A proposed use will only be permitted where:
2.
Where a site investigation report concludes that an engineering solution will solve an indicated problem, the building official shall require that the additional standards and requirements set forth in the geologic hazard report be a requirement of the building permit.
3.
Where the proposed development includes grading, the site investigation report shall include conclusions and recommendations concerning grading procedures as well as conclusions and recommendations concerning the adequacy of sites and streets to be developed by the proposed grading.
4.
The city planner may recommend to the city council/planning commission an independent review of the site report, particularly where the geologist or engineer has a financial interest in the property to be developed. The council/commission may require the preparation of such a report prior to issuance of a building permit. The cost of the independent review shall be borne by the property owner or developer.
5.
The degree of protection from problems caused by geologic hazards required by this section is considered reasonable for regulatory purposes. This chapter does not imply that uses permitted will be free from geologic hazards. This chapter shall not create liability on the part of the city or by any officer, employee or official thereof for any damages due to geologic hazards that result from reliance on this chapter or any administrative decision lawfully made.
C.
The following requirements are applicable to activities undertaken in conjunction with a grading plan:
1.
Cuts.
a.
The slope of cut surfaces shall be not steeper than is safe for intended use and shall be not steeper than two horizontal to one vertical unless the applicant submits a geologic site investigation report stating the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property.
b.
Cuts shall not remove the toe of any slope where a potential landslide or erosion hazard exists.
2.
Fills.
a.
Fill slopes shall not be constructed on natural slopes steeper than two horizontal to one vertical.
b.
The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials, scarifying to provide a bond with the new fill and, where slopes are steeper than five to one and the height is greater than five feet, by benching into sound bedrock or other competent materials as determined by a soils engineer.
c.
Detrimental amounts of organic material shall not be permitted in structural fills. No rock or similar material greater than 12 inches in diameter shall be placed in a structural fill. The building official may permit placement of larger rock if a soils engineer designs a method of placement, continually inspects the placement and certifies the stability of the fill.
d.
Fills will be compacted to a minimum of 90 percent of maximum density as determined by Uniform Building Code Standard No. 70-1. An engineer shall certify all structural fill as meeting minimum bearing capacity for the intended use.
D.
The following requirements are applicable to drainage facilities:
1.
All cut and fill slopes shall be provided with subsurface drainage as is necessary for stability.
2.
All roof and foundation drainage must be collected, controlled, and directed to either a city street, a storm drain or to a natural drainageway if it is acceptable to the public works director.
3.
Other alternative methods of storm water disposal may be approved by the public works director.
E.
Erosion Control Measures. The following standards are a minimum requirement for the purposes of minimizing soil erosion. The final program for soil stabilization may vary as site conditions and development programs warrant. These minimum guidelines are not intended to resolve all project soil erosion conditions. The applicant is responsible for containing all soil on the project site.
1.
Prior to approval of building permit, only the removal of existing vegetation may be carried out for surveying or planning of structures. Cutting of deciduous trees over six inches in diameter and conifers over four inches at a height of four and one-half feet above ground level shall only be carried out after the approval of the building permit.
2.
If topsoil is to remain stockpiled during a rainy season, seeding or other stabilization measures are required.
3.
All areas that will, by necessity, be left bare after September 30th shall be seeded to a cover crop (i.e., cereal rye, annual rye grass, perennial rye grass). Mulching is an alternative to seeding.
4.
Means shall be devised to prevent sediment laden water from entering any storm sewer facilities.
5.
Vegetation shall be established as soon as possible after completion of grading. The building official may require the use of matting prior to seeding on certain slopes.
F.
Minimum Lot Size. The minimum lot size for any structure in the hillside overlay zone shall be 8,000 square feet. Where the property proposed for development consists of smaller contiguous lots, such lots shall be aggregated to meet this minimum lot size. Lots of less than 8,000 square feet may be built upon after a variance is granted in accordance with Chapter 18.190 GMC, Variances.
G.
Maximum Lot Coverage. The total amount of the lot on which structures and other impervious surfaces may be constructed shall not exceed 40 percent.
H.
Yard Requirements. The minimum yard requirement for the yard abutting a street or vehicular access way is five feet. Where this standard is used, the minimum rear yard, or yard opposite the yard abutting the street or vehicular access way, shall be 30 feet. The minimum side yard shall be 10 feet.
I.
Building Height. Within the hillside overlay zone, building heights of structures other than accessory buildings shall be as follows:
1.
Structures which are located below or downslope from the street, road, or vehicular access way shall have a maximum height of 16 feet above the centerline of the adjacent street, road or access way.
2.
Structures other than those described in subsection (I)(1) of this section shall adhere to the height requirements of the underlying zone.
 |
(Note: Measurements shall be taken at the midpoint of the structure at its highest point perpendicular to the street.)
3.
Upon completion of construction of structures 16 feet or higher, the applicant shall submit to the city's planner an elevation certificate affirming the height standard.
J.
Uncovered vehicle access structures such as bridges may be located in the front yard setback.
(Ord. 290 § 3(3.120(5)), 2006; Ord. 304 Art. V(2), 2008)
§ 18.85.010 Purpose.
To regulate the timing or size of development of a specific parcel of land or to define the uses allowable on a specific parcel of land more narrowly than allowed by the underlying zone.
(Ord. 290 § 3(3.130(1)), 2006)
§ 18.85.020 Application.
A.
Uses permitted in the underlying zone shall be limited to those uses specifically referenced in the limited use overlay.
(Ord. 290 § 3(3.130(2)), 2006)
§ 18.85.030 Procedure.
A.
The limited use overlay shall be applied through the zone change process at the time the underlying zone is changed.
B.
The order adopting the zone change involving a "reasons" exception shall specify the permitted use(s) approved and shall specify the application of the limited use overlay.
C.
The permitted use, or description thereof, shall be qualified as necessary to achieve the intent of the limited use overlay.
(Ord. 290 § 3(3.130(3)), 2006)
§ 18.85.040 Official plan/zoning map.
The official plan/zoning map shall be amended to note the application of the limited use overlay to the applicable parcel.
(Ord. 290 § 3(3.130(4)), 2006)
§ 18.85.050 Other requirements.
A.
In addition to limiting the uses permitted through the zone change, site plan approval shall be required to ensure compatibility of the use(s) allowed with other existing uses in the area.
B.
Site plan requirements may be added by specific reference to the adopting order.
C.
All other requirements of the underlying zone remain in effect unless specifically altered by site plan approval incorporated in the adopting order.
(Ord. 290 § 3(3.130(5)), 2006)