The purpose of this section is to provide a procedure for review of development proposals on dredged material disposal sites within the Newport Urban Growth Boundary (as identified in the amended Yaquina Bay and River Dredged Material Disposal Plan) to ensure that an adequate number of sites are maintained to meet projected dredging needs.

Any person proposing development on an identified dredged material disposal site that would preclude its use for dredged material disposal shall submit a conditional use application in accordance with the provisions of Chapter 14.33, Conditional Uses, and Chapter 14.52, Procedural Requirements. The application shall set forth the intended use of the property and any alternative disposal sites or methods (with appropriate documents) considered by the applicant.

In lieu of the standard notice requirement for conditional use applications, the following requirement shall apply:

The city shall notify the port district and public agencies which participated in the Yaquina Bay Task Force of the proposal in writing at least 14 days prior to the conditional use hearing.

Following the conditional use hearing, the city shall make findings and determine if adequate alternative disposal sites are available to meet projected needs. The city's decision shall be based on information in the amended Yaquina Bay and River Dredged Material Disposal Plan and the Yaquina Bay Resource Inventory, as well as information submitted by the applicant, port district, or state and federal agencies.

If the city determines that adequate alternative disposal sites are available to meet projected needs, the city may approve or deny the development and may impose conditions consistent with city zoning and other city requirements. The city's Comprehensive Plan shall be amended to designate any new identified alternative sites, increase in capacity of these sites, or deletion of existing sites.

If it is determined that these sites are still required, the development request shall be denied.

(Ordinance No. 1344, November 7, 1983; Ordinance No. 1989, January 1, 2010)