Item 2: Ordinance on Water Quality Overlay Zone

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2. Through the application of setback averaging. Setback averaging shall be accomplished by expanding the /WQ Management Area in an undeveloped area of the development site, and reducing it in another area of the development site. (d) In no case shall the setback boundary be located within the waterway channel. (3) As part of the city’s consideration of an application for a development permit or land use approval, the city shall exclude from the /WQ Management Area: (a) Those areas which the applicant has shown to have been developed prior to [effective date of this ordinance]. For purposes of this subsection, “developed areas” are those within the physical ground surface footprint of a legally constructed: 1. Structure (including a manufactured dwelling) with a permanent foundation, constructed or sited pursuant to an approved permit; 2. Utility pole, utility transmission box, pump station, telecommunication tower, telecommunication platform, satellite dish, sign and billboard; 3. Permanent deck or patio that is attached to a structure listed in subsection 1. above; or 4. Paved parking area, street, driveway, bike path, or pedestrian path. Fences and landscaping do not cause an area to be “developed” to warrant exclusion from the /WQ Management Area. All other uses and structures that were legally established prior to [effective date of this ordinance] but that do not comply with the allowed uses and standards of the /WQ Overlay Zone are subject to EC 9.1200 through EC 9.1240 Legal Nonconforming Situations; or (b) Any land that is included in a: 1. /WP Waterside Protection area as described in EC 9.4720; 2. /WB Wetland Buffer area as described in EC 9.4820; or 3. /WR Water Resources Conservation area as described in EC 9.4920. (4) Where an existing development under subsection (3)(a)1. or 3. above or an existing developed street or sound wall physically isolates a portion of the /WQ Management Area, as part of the city’s consideration of an application for a development permit or land use approval, the city shall exclude that isolated portion from the /WQ Management Area. 9.4780 /WQ Water Quality Overlay Zone - Permitted and Prohibited Uses. Uses are permitted or prohibited within the /WQ Water Quality Overlay Zone based on whether they occur outside or within the /WQ Management Area as follows: (1) Uses Permitted Outside /WQ Management Area. (a) The uses permitted on portions of a lot located outside of the /WQ Management Area are the same as those otherwise permitted on that lot without consideration of the /WQ Water Quality Overlay Zone; and (b) Prior to issuance of a development permit, the city shall verify that the /WQ Management Area setback has been accurately demarcated by a prominent and continuous protective feature Ordinance - 4