The purpose of the GM (Greenway Management Overlay) Zone is to protect the natural, scenic, and recreation qualities of lands along the Willamette River in the City of Keizer; preserve and allow the restoration of historic resources along the Willamette River; implement the goals and policies of the State of Oregon's Willamette River Greenway Program; implement goals and policies of the City of Keizer's Comprehensive Plan; and establish standards and requirements for the use of lands within the Willamette River Greenway. (9/18)

The provisions of this overlay zone shall apply to all lands within the Willamette River Greenway Boundary of the City of Keizer as shown on the official zoning map. The boundary is shown in detail on aerial photomaps on file with the City of Keizer. The zoning administrator shall make interpretation of the exact location of the boundary from these photomaps. (5/98)

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

Change of use. Making a different use of the land than that which existed on December 6, 1975. It includes a change that requires construction, alterations of the land, water or other areas outside of existing buildings or structures and which substantially alters or affects the land or water. It does not include a change of use of a building or other structure that does not substantially alter or affect the land or water upon which it is situated. The sale of property is not in itself considered to be a change of use. An existing open storage area shall be considered to be the same as a building. Landscaping, construction of driveways, modifications of existing structures, or the construction or placement of such subsidiary structures or facilities as are usual and necessary to the use and enjoyment of existing improvements shall not be considered a change of use. (5/98)

Intensification. Any additions that increase or expand the area or amount of an existing use, or the level of activity. Remodeling of the exterior of a structure not excluded below is an intensification when it will substantially alter the appearance of the structure. Maintenance and repair usual and necessary for the continuance of an existing use is not an intensification of use. Reasonable emergency procedures necessary for the safety or the protection of property are not an intensification of use. Residential use of lands within the greenway includes the practices and activities customarily related to the use and enjoyment of one's home. Landscaping, construction of driveways, modification of existing structures, or construction or placement of such subsidiary structures or facilities adjacent to the residence as are usual and necessary to such use and enjoyment shall not be considered an intensification for the purpose of this goal. Seasonal increases in gravel operations shall not be considered an intensification of use. (5/98)

Partial harvesting of timber. A timber harvest that leaves at least 25 percent of the trees at least six inches DBH standing beyond the vegetative fringe. (5/98)

Vegetative fringe. A line generally parallel with the water line at least 30 feet upland from the ordinary high-water mark, including riparian and other vegetation, screening upland development or activity areas from visibility from the water surface in the summer months. (5/98)

Water-dependent. 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. (5/98)

Water-related. Uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water-dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories and trailer parks are not generally considered dependent on or related to water location needs. (5/98)

Within the GM (Greenway Management Overlay) Zone, a conditional use permit shall be required for all use changes, intensification of uses or site alteration on land or water otherwise permitted in the underlying zone except for the following activities which are not subject to review in this overlay zone:

A.

Customary dredging and channel maintenance conducted under permits from the State of Oregon. (5/98)

B.

Seasonal increases in gravel operations as provided under permit from the State of Oregon. (5/98)

C.

The placing by a public agency of signs, markers, aids, etc., to serve the public. (5/98)

D.

Activities to protect, conserve, enhance, and maintain public recreational, scenic, historical and natural uses of public lands, identified in a public park master plan approved by the city council. If the responsible agency did not hold a public hearing prior to plan adoption, the city shall hold a hearing under the procedures for a conditional use permit and make findings that the criteria in this chapter are satisfied before approving a park plan. (5/98)

E.

Erosion control operations not requiring a permit from the division of state lands. (5/98)

F.

Farm uses. (5/98)

G.

Reasonable emergency procedures necessary for the safety or protection of property. (5/98)

H.

Maintenance and repair usual and necessary for the continuance of an existing use. (5/98)

I.

Landscaping, propagation of timber, construction of driveways, and the construction or placement of accessory structures other than guest houses, provided that such activities are conducted in conjunction with uses already existing on the same property, are accomplished in a manner compatible with the purpose of this zone and are located at least 30 feet upland from ordinary high water unless unusual site conditions are present. Setbacks are to be established on a case-by-case basis through the Greenway Development Conditional Use process. (5/98)

J.

The partial harvesting of timber in accordance with a plan approval under the Oregon Forest Practices Act on lands upland beyond the vegetative fringe. (5/98)

K.

Water intakes and utilities in conjunction with an agricultural use and single-family residences. (5/98)

A.

Application process. A conditional use for development within the Greenway Management Overlay Zone shall be reviewed as a Type I-B action. The conditional use may be processed independently or in conjunction with other land use actions required for development of the property. (5/98)

B.

Additional information. In addition to the submittal requirements for a conditional use application, the applicant shall supply the following:

1.

Plot plan showing the following:

a.

The area of the proposed use or activity. (5/98)

b.

The proximity of the activity to the Willamette River at low and high-water level and the location of the top of the terrace bank. (5/98)

c.

The location of any existing vegetative fringe along the riverbank or other significant vegetation. (5/98)

2.

Statements, drawings, or photos of the proposed external appearance of proposed activity as viewed from the river. (5/98)

3.

Statements demonstrating compliance with the provisions of this zone. (5/98)

4.

Any additional information determined by the zoning administrator to be necessary to demonstrate compliance with this zone. (5/98)

A conditional use permit within the Greenway Management Overlay Zone shall indicate how: (a) the proposal will not affect the following factors; (b) the proposal can be mitigated in some manner to minimize or eliminate potential harmful impacts; or (c) the factors do not apply to the request. The factors include: (5/98)

A.

Significant fish and wildlife habitats, significant natural and scenic areas, viewpoints and vistas identified in the comprehensive plan shall be preserved. (5/98)

B.

Areas of ecological, scientific, historical or archeological significance identified in the comprehensive plan shall be protected, preserved, restored, or enhanced to the maximum extent possible. (5/98)

C.

The quality of the air, water, and land resources in and adjacent to the greenway shall be preserved in the development, change of use or intensification of use of land within the greenway management zone. (5/98)

D.

Areas of annual flooding, floodplains, and wetlands shall be preserved in their natural state to the maximum possible extent to protect water retention, overflow and other natural functions. (5/98)

E.

The natural vegetative fringe along the river shall be maintained to the maximum extent that is practical in order to assure scenic quality, protection of wildlife, protection from erosion, and screening of uses from the river. (5/98)

F.

Only partial harvesting of timber shall be allowed. It shall be conducted in a manner consistent with the requirements under the Forest Practices Act. Wildlife habitat and the natural scenic qualities of the greenway shall be maintained or be restored. The extent or type of harvest shall be limited as necessary to satisfy the appropriate standards and criteria in this subsection. Harvesting shall only occur beyond the vegetative fringe. (5/98)

G.

The proposed development, change, or intensification of use is compatible with existing uses on the site and the surrounding area. (5/98)

H.

Areas considered for development, change, or intensification of use which have erosion potential shall be protected from loss by appropriate means which are compatible with the provisions of the greenway management zone. (5/98)

I.

Extraction of aggregate deposits shall be conducted in a manner designed to minimize adverse effects on water quality, fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, noise and safety and to guarantee necessary reclamation. (5/98)

J.

Any public recreational use or facility shall not substantially interfere with the established uses on adjoining property. (5/98)

K.

Maintenance of public safety and protection of public and private property, especially from vandalism and trespass, shall be provided to the maximum extent practicable. (5/98)

L.

Except for water-related and water-dependent buildings and structures, buildings and structures shall be located 30 feet or more upland from the ordinary high-water line unless it can be shown that the parcel size makes meeting this requirement impossible, or significant natural features would be lost if the standard is met. (5/98)

M.

Public access to and along the river shall be provided in conjunction with subdivision, commercial and industrial development, and public lands acquisition where appropriate. This access should be located and designed to minimize trespass and other adverse effects on adjoining property. (5/98)

N.

The development shall be directed away from the river to the greatest possible extent. (5/98)

O.

The development, change, or intensification of use shall provide the maximum possible landscaped area, open space, or vegetation between the activity and the river. (5/98)

P.

Private docks and wharves shall be limited to one per property ownership and shall be limited to 150 square feet of gross area per property served. Walkways to the dock or wharf shall be not more than five feet wide. Covered storage facilities shall not extend more than ten feet above water level and shall be designed and painted to blend into the natural environment as much as possible. (5/98)

Q.

Comply with the floodplain or floodway development requirements of this ordinance. (5/98)

Notice of decision approving conditional uses in the Greenway Management Overlay Zone shall be sent to the division of parks and recreation in the same manner as required in section 3.204, except notice shall be provided by certified mail. (5/98)