9.4730 /WP Waterside Protection Overlay Zone Land Use and Permit Requirements.
Within the /WP overlay zone there are 2 categories of uses: those allowed by the base zone or special area zone outside of the /WP area, and a more restrictive list of uses allowed within the /WP area.
(1) Outside the /WP Area. The uses permitted in this overlay zone are the same as those permitted in the base zone or special area zone.
(2) Within the /WP Area. Except as provided in EC 9.4740 Prohibited Practices, the following uses are permitted within the /WP area:
(a) Removal of refuse and any fill that is in violation of local, state or federal regulations. Removal of fill must be consistent with State of Oregon Removal-Fill regulations.
(b) Removal of non-native or invasive plant species included on a list approved by the planning director and kept on file at the city.
(c) Planting or replanting with native plants included on a list approved by the planning director and kept on file at the city.
(d) Construction of channel maintenance access roads or pathways and channel maintenance practices used to maintain stormwater conveyance and flood control capacity as required by local policies, state and federal regulations, and intergovernmental agreements.
(e) Removal of vegetation by non-chemical means within a strip not to exceed 15 feet wide where a publicly owned property within the /WP overlay zone abuts private property that is not within a /WP area, and only when deemed necessary by the public works director to protect human health and safety or to prevent a nuisance.
(3) Uses Permitted Within /WP Areas Subject to Site Review. Within /WP areas, the following uses are permitted, subject to the provisions in EC 9.4740 Prohibited Practices and, except as provided in subsection (f), site review approval based on compliance with EC 9.2530 Natural Resource Zone Development Standards. Where required, site review approval must be secured prior to the application for a development permit for development within the /WP overlay zone. Uses permitted subject to site review are:
(a) Realignment and reconfiguration of channels and pond banks. Subject to EC 9.2530 Natural Resource Zone Development Standards (2), (3), and (5) through (9).
(b) Construction of stormwater quality treatment facilities that do not include adding impervious surfaces and that use biofiltration methods, such as shallow grassy swales, constructed wetlands, or ponds. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (9).
(c) Construction of public improvements (including but not limited to streets, sanitary and storm sewers, bridges, bikeways, pedestrian paths, maintenance access roads and public utilities) required by this land use code or specified in adopted plans. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (10), and (13) through (19).
(d) Maintenance of existing utility easements to maintain access and promote safety, and as required by local policies, state and federal regulations, and intergovernmental agreements. Subject to EC 9.2530 Natural Resource Zone Development Standards (2), (3), and (5) through (9). Utility companies shall submit to the city a notice of easement maintenance activities within the /WP area describing the nature and extent of the activities 15 days prior to commencing the activities.
(e) Wetland or riparian area enhancement, restoration or creation activities that are consistent with adopted plans and policies, including construction of stormwater quality treatment facilities that use biofiltration methods, such as shallow grassy swales, constructed wetlands, and ponds. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (9).
(f) Wetland, stream and riparian enhancement and restoration within the /WP overlay zone shall be exempt from the site review requirements of this subsection (3) if the proposed activity is authorized:
1. Under a Mitigation Improvement Plan approved by the Oregon Department of State Lands, and if required, the U. S. Army Corps of Engineers;
2. Under a wetland restoration permit or wetland enhancement permit approved by the Oregon Department of State Lands, and if required, the U. S. Army Corps of Engineers; or
3. By a “Finding of No Significant Impact” or a “Record of Decision” under the federal National Environmental Policy Act (NEPA).