The purpose of the Floodplain District is to promote and protect the public health, safety, and general welfare, and to minimize flood losses by provisions designed to do the following:

A.

Restrict or prohibit uses that are dangerous to health, safety, or property in times of flood or which cause increased flood heights or velocities.

B.

Require that uses vulnerable to floods, including public facilities that serve such uses, be provided with flood protection at the time of initial construction.

C.

Protect individuals from buying lands that are unsuited for some purposes because of flood hazard.

D.

Protect existing wildlife habitat.

(Ord. No. 688, 6-15-1999)

In a Floodplain (FP) District, the following uses and their accessory uses are permitted:

Agriculture.

Boat landings and docks for pleasure, but not including incidental buildings.

Golf courses and driving ranges, but not including incidental buildings.

Parks, playgrounds and community centers, but not including incidental buildings.

(Ord. No. 688, 6-15-1999)

A.

Purpose. The purpose of this section is to protect and restore water bodies and their associated riparian areas, thereby protecting and restoring the hydrologic, ecologic, and land conservation functions these areas provide. Specifically, this chapter is intended to protect habitat for fish and other aquatic life, protect habitat for wildlife, protect water quality for human uses and for aquatic life, control erosion and limit sedimentation, and reduce the effects of flooding. This chapter attempts to meet these goals by excluding structures from buffer areas around fish-bearing lakes, streams and associated wetlands, and by restricting vegetation removal or other alteration in those buffers. For cases of hardship, this chapter provides a procedure to reduce the riparian buffer. Alteration of the riparian area in such cases shall be offset by appropriate restoration or mitigation, as stipulated in this chapter.

B.

Definitions.

Building envelope: The land area, outside of all required setbacks, which is available for construction of a primary structure on a particular property.

Fish use: Inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered species under the Federal or State Endangered Species Acts. Fish use is determined from Oregon Department of Forestry Stream Classification maps.

Impervious surface: Any material which reduces and prevents absorption of storm water into previously undeveloped land.

Lawn: Grass or similar materials maintained as a ground cover of less than six inches in height. For purposes of this chapter, lawn is not considered native vegetation regardless of the species used.

Mitigation: Taking one or more of the following actions listed in order of priority:

1.

Avoiding the impact altogether by not taking a certain development action or parts of that action;

2.

Minimizing impacts by limiting the degree or magnitude of the development action and its implementation;

3.

Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

4.

Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the development action by monitoring and taking appropriate corrective measures;

5.

Compensating for the impact by replacing or providing comparable substitute resources or environments.

Net loss: A permanent loss of habitat units or habitat value resulting from a development action despite mitigation measures having been taken.

Nonconforming: A structure or use that does not conform to the standards of this title but has been in continuous existence from prior to the date of adoption hereof up to the present. Nonconforming uses are not considered violations and are generally allowed to continue, though expansion, reconstruction, or substantial improvement may be regulated.

Off-site mitigation: Habitat mitigation measures undertaken in areas distant from a development action, and which are intended to benefit fish and wildlife populations other than those directly affected by that action.

On-site mitigation: Habitat mitigation measures undertaken within or in proximity to areas affected by a development action, and which are intended to benefit fish and wildlife populations directly affected by that action.

Riparian area: The area adjacent to a river, lake, or stream, consisting of the area of transition from an aquatic ecosystem to a terrestrial ecosystem.

Stream: A channel such as a river or creek that carries flowing surface water, including perennial streams and intermittent streams with defined channels, and excluding manmade irrigation and drainage channels.

Structure: A building or other major improvement that is built, constructed or installed, not including minor improvements, such as fences, utility poles, flagpoles, or irrigation system components, that are not customarily regulated through zoning ordinances.

Substantial improvement: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:

1.

Before the improvement or repair is started; or

2.

If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure.

The term does not, however, include either:

3.

Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or

4.

Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

Top of bank: The stage or elevation at which water overflows the natural banks of streams or other waters of the State and begins to inundate upland areas. In the absence of physical evidence, the two-year recurrence interval flood elevation may be used to approximate the bank full stage or delineate the top of bank.

C.

Riparian corridors. The inventory of riparian areas contained in the Comprehensive Plan specifies which streams and lakes are fish-bearing, and the stream-size category. Based on the classification contained in this inventory, the following riparian corridors shall be established:

1.

Along all fish-bearing lakes, and fish-bearing streams with average annual stream flow less than 1,000 cubic feet per second (1,000 cfs), the riparian corridor boundary shall be 50 feet from the top of bank, except as identified below.

2.

Along all streams with average annual stream flow greater than 1,000 cubic feet per second (1,000 cfs), the riparian corridor boundary shall be 75 feet upland from the top of each bank.

3.

Where the riparian corridor includes all or portions of a significant wetland as identified in the Goal 5 or Goal 17 elements of the Comprehensive Plan, the standard distance to the riparian corridor boundary shall be measured from, and include, the upland edge of the wetland.

4.

Except as provided for in subsection C.3. of this section, the measurement of distance to the riparian corridor boundary shall be from the top of bank. The measurement shall be a slope distance. In areas where the top of each bank is not clearly defined, the riparian corridor boundary shall be measured from the ordinary high water level, or the line of nonaquatic vegetation, whichever is most landward. In areas where the predominant terrain consists of steep cliffs, the distance to the corridor boundary shall be measured as a horizontal distance until the top of the cliff is reached, and as a slope distance on from that point.

(Ord. No. 688, 6-15-1999)

A.

Permanent alteration, exceptions. The permanent alteration of the riparian area by grading or by the placement of structures or impervious surfaces is prohibited, except for the following uses, provided they are designed to minimize intrusion into the riparian area, and no other options or locations are feasible:

1.

Streets, roads, and paths;

2.

Drainage facilities, utilities, and irrigation pumps;

3.

Water-related and water-dependent uses;

4.

Replacement of existing structures with structures in the same location that do not disturb additional riparian surface area;

5.

Structures or other nonconforming alterations existing fully or partially within the riparian area may be expanded, provided the expansion does not occur within the riparian area. Substantial improvement of a nonconforming structure in the riparian area shall require compliance with the standards of this chapter;

6.

Existing lawn within the riparian area may be maintained, but not expanded within the riparian area. Development activities on the property shall not justify replacement of riparian area with lawn;

7.

Existing shoreline stabilization and flood control structures may be maintained. Any expansion of existing structures or development of new structures shall be evaluated by the City Administrator and the appropriate natural resource agency staff. Such alteration of the riparian area shall be approved only if less invasive or nonstructural methods will not adequately meet the stabilization or flood control needs.

B.

Removal of vegetation. Removal of riparian vegetation is prohibited, except for:

1.

Removal of nonnative vegetation and replacement with native plant species. The replacement vegetation shall cover, at a minimum, the area from which vegetation was removed, and shall maintain or exceed the density of the removed vegetation.

2.

Removal of vegetation necessary for the development of approved water-related or water-dependent uses. Vegetation removal shall be kept to the minimum necessary to allow the water-dependent or water-related use.

3.

Trees in danger of falling and thereby posing a hazard to life or property may be removed, following consultation and approval from the City Administrator. If no hazard will be created, the City Administrator may require these trees, once felled, to be left in place in the riparian area.

C.

Exceptions. The following activities are not required to meet the standards of this section:

1.

Commercial forest practices regulated by the Oregon Forest Practices Act.

2.

Normal and accepted farming practices other than buildings or structures, occurring on land designated for exclusive farm use and existing in the riparian area since prior to the date of adoption hereof. Ongoing agricultural practices existing in the riparian area since prior to the date of adoption hereof on land not designated for exclusive farm use are allowed in the riparian area subject to the definition and requirements of nonconforming uses.

(Ord. No. 688, 6-15-1999)

A.

Allowable alterations. Permanent alteration of the riparian area by placement of structures or impervious surfaces is allowable under the following procedures, subject to the mitigation requirements of subsection B. of this section:

1.

A setback adjustment as allowed under subsection C. of this section.

2.

A variance to the riparian setback approved through the procedures of subsection D. of this section.

3.

On streams having average annual stream flow exceeding 1,000 cubic feet per second and having a 75-foot riparian buffer established under this chapter, the riparian setback may be reduced as allowed under subsection E. of this section.

B.

Proposals. Proposals for development activities within the riparian area allowed in subsection A. of this section shall be reviewed by the Oregon Department of Fish and Wildlife (ODFW), as per Oregon Administrative Rules 635-415 Fish and Wildlife Habitat Mitigation Policy. A mitigation recommendation shall be obtained from ODFW. For purposes of implementing Goal 5, the goal is no net loss of protected resources; correspondingly, for purposes of designing appropriate mitigation, sites should be considered at least in "Habitat Category 2" (OAR 635-415-030), which strives for no net loss of habitat values.

C.

Setback adjustment.

1.

Qualifying lots. Lots on which the riparian setback required by this chapter exceeds any other setbacks in a particular yard, and which, when combined with other required yard setbacks, results in a building area depth of 25 feet or less or a building envelope of 800 square feet or less.

2.

Setback reduction procedure. Setback reduction shall be the minimum necessary to create a building envelope 25 feet deep or a building envelope of 800 square feet (whichever requires a lesser reduction of the setback). The yard setback opposite the riparian area may be reduced up to one-half the standard setback. If this does not create a sufficient building envelope, the riparian setback may be reduced up to one-half the required setback. Additional reductions of setbacks require a variance. Removal of vegetation within the original riparian setback shall be the minimum necessary to allow development of the use, and shall otherwise conform with the standards of subsection 10-7-4 B. of this chapter.

D.

Variance.

1.

In cases where the provision for a setback adjustment under subsection C. of this section are not sufficient, a property owner may request a variance to the riparian setback. Granting of a variance requires findings that:

a.

The proposed development requires deviation from the riparian standards; and

b.

Strict adherence to the riparian setback and other applicable standards would effectively preclude a use of the parcel that could be reasonably expected to occur in the district, and that the property owner would be precluded a substantial property right enjoyed by the majority of landowners in the vicinity; and

c.

The provisions of subsection C. of this section are insufficient to remedy the hardship.

E.

Large stream riparian reduction. On streams having average annual stream flow exceeding 1,000 cubic feet per second and having a 75-foot riparian buffer established under this chapter, structures and impervious surfaces may be placed within the riparian setback as follows:

1.

The removal of vegetation shall be limited to the minimum amount necessary to accommodate the use. Any vegetation removed in excess of this standard shall be nonnative species, and the proposal shall specify replacement of that vegetation with native species.

2.

The applicant shall provide sufficient information regarding the proposed development and potential impacts to riparian resources to allow the City Administrator, in consultation with the ODFW, to determine whether the proposal will provide equal or better protection of riparian resources. This information includes, but is not necessarily limited to: a plot plan showing the top of the stream or water body bank, the extent of development within the riparian setback, uses that will occur within the riparian setback and potential impacts (for example: chemical runoff, noise, etc.), the extent of vegetation removal proposed, characteristics of the existing vegetation (types, density), any proposed alterations of topography or drainage patterns, existing uses on the property and any potential impacts they could have on riparian resources.

3.

In no case shall such alterations occupy more than 50 percent of the width of the riparian area measured from the upland edge of the corridor.

(Ord. No. 688, 6-15-1999)

A.

Written notice shall be provided to the Oregon Division of State Lands of applications which involve lands which are wholly or partially within areas that are identified as wetlands on the state-wide wetlands inventory as follows:

1.

Within five working days of the acceptance of a complete application for the following:

a.

Subdivisions.

b.

Building permits for new structures.

c.

Other development permits and approvals that allow physical alteration of the land involving excavation and grading, including permits for removal or fill, or both, or development permits in floodplains and floodways.

d.

Conditional use permits and variances that involve physical alterations to the land or construction of new structures.

e.

Planned unit development approvals.

2.

If, after acceptance of an application, the City receives information that there is a possible wetland on the subject property from a party responding to the public notice for any of the above, the City Administrator shall also provide written notice to the Oregon Division of State Lands.

3.

Notice is not required for any application listed in subsection A. of this section if a permit has been issued by the Division of State Lands for that activity.

4.

If the Division of State Lands fails to respond to the notice from the City within 30 days of the postmark date of the notice, the City may issue an approval for the proposed activity with written notice to the applicant and owner of record that the proposed activity may require state or federal permits.

5.

The City may issue an approval for a Comprehensive Plan Map or Zoning Map amendment for parcels identified as or including wetlands on the state-wide wetlands inventory upon providing to the applicant and the owner of record of the affected parcel a written notice of the possible presence of wetlands and the potential need for state and federal permits and providing the Division of State Lands with a copy of the notification of Comprehensive Plan Map or Zoning Map amendments for specific properties.

6.

The City may issue approval for any activity listed in subsection A. of this section providing that the approval includes one of the following statements:

a.

Issuance of a permit under ORS 196.665 and 196.800 to 196.900 by the Division of State Lands is required for the proposed project before any physical alteration takes place within the wetlands;

b.

Notice from the Division of State Lands that no permit is required; or

c.

Notice from the Division of State Lands that no permit is required until specific proposals to remove, fill, or alter the wetlands are submitted to the Division.

7.

Notice of activities authorized within an approved wetland conservation plan shall be provided to the Division of State Lands within five days following approval by the City.

8.

Failure of the City to provide notice to the Division of State Lands as required in this section will not invalidate City approval of the proposed activity.

(Ord. No. 688, 6-15-1999)