Item 2: Ordinance on Water Quality Overlay Zone

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Section 23. Subsection (4) of Section 9.8865 of the Eugene Code, 1971 is amended by adding a new subsection (p) thereto, and relettering the current subsections (p), (q) and (r), to (q), (r) and (s) to provide: 9.8865 Zone Change Approval Criteria. Approval of a zone change application, including the designation of an overlay zone, shall not be approved unless it meets all of the following criteria: (4) The proposed zone change is consistent with the applicable siting requirements set out for the specific zone in: (p) EC 9.4776 /WQ Water Quality Overlay Zone Siting Requirements (only for the purposes of adding the overlay zone. See EC 9.4786.). (pq) EC 9.4915 /WR Water Resources Conservation Overlay Zone Siting Requirements (only for the purposes of adding the overlay zone. See EC 9.4960.). (qr) EC 9.4815 /WB Wetland Buffer Overlay Zone Siting Requirements. (rs) An uncodified ordinance establishing a site specific S-H Historic Special Area Zone, a copy of which is maintained at the city’s planning and development department. Section 24. Ordinance No. 20194 and Sections 6.650, 6.655, 6.660, 6.665, and 6.670 of the Eugene Code, 1971, are repealed: [6.650 Open Waterways - Purpose . It is the intent of sections 6.650 to 6.670 to establish interim protection for constructed and natural open waterways that provide multiple stormwater benefits to the entire community. The protection established in these sections shall remain in effect until the city completes its Goal 5 process for wildlife habitat values and incorporates the results, along with the stormwater conveyance and water quality treatment functions, into a comprehensive set of open waterway protection measures. Open waterways provide such benefits as storm drainage and flood control, filtration and treatment of stormwater pollutants, and habitat for aquatic and other wildlife species.] [6.655 Open Waterways - Prohibition . (1) As used in sections 6.650 to 6.670, “open waterways” shall mean a natural or human-made swale, creek, stream, open channel, ditch or other similar water feature, that has a defined and identifiable channel with slopes, that is predominantly of earthen material, and that has the specific function of conveying and/or storing stormwater runoff. Notwithstanding anything in the previous sentence to the contrary, Amazon channel, including the concrete-lined portions, shall be considered an open waterway. Ordinance - 28