Item 2: Ordinance on Water Quality Overlay Zone

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(b) A portion of the /WQ Management Area, as described in EC 9.4778(1), for a waterway described in (a); and (2) The subject segment of waterway (it may be natural or constructed): (a) Is not already protected by the NR zone or the /WR, /WP or /WB overlay zones; (b) Has a discernable streambed and side banks; (c) Carries water at least part of the year; (d) Provides a drainage function for surface runoff from land areas beyond a roadway; and (e) If a ponded area, has an inlet and outlet drainage function. 9.4778 /WQ Water Quality Overlay Zone – /WQ Management Area. (1) Except as provided in subsections (2), (3) or (4) the /WQ Management Area is that area depicted on the city’s adopted Water Quality Waterways Map. (a) As depicted on the Water Quality Waterways Map, the /WQ Management Area is comprised of both the waterway channel, which for purposes of EC 9.4770 through 9.4790, and 9.8030(25), means the area between the top of high banks on each side of the waterway, and the applicable setback, as described in (b) or (c) below. (b) For a waterway identified on the Water Quality Waterways Map as a waterway identified pursuant to section 303(d) of the federal Clean Water Act, or a tributary to such a waterway, the applicable setback is 25 feet from top of high bank (THB). For purposes of EC 9.4770 through 9.4790 and 9.8030(25), THB is the highest point at which the vertical rise of the waterway bank meets the horizontal grade of the adjoining topography. (c) For waterways identified on the Water Quality Waterways Map as headwater streams, the applicable setback is 40 feet from the waterway’s centerline. (d) The procedures used for mapping these setbacks on the Water Quality Waterways Map shall be more particularly described in an administrative rule adopted by the city manager in accordance with EC 2.019 City Manager – Administrative and Rulemaking Authority and Procedures. (2) For a lot that is 6,000 square feet in area or less with a /WQ Management Area, alone or in combination with a /WR Conservation Area, that constitutes more than 33% of the lot, as part of the city’s consideration of an application for a development permit or land use approval, the city shall automatically reduce the applicable setback distance described in (1) above, provided: (a) The lot was created pursuant to a planned unit development, subdivision, partition or property line adjustment application described in EC 9.4780(2)(i)2.; (b) Unless precluded by (2)(d) below, the reduction in setback shall result in the /WQ Management Area constituting 33% of the lot area, alone or in combination with a /WR Conservation Area; and (c) The new boundary shall be located: 1. Parallel to the original boundary (closer to the waterway); or Ordinance - 3