Ordinance No. 20006 - Laserfiche WebLink

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applicant clearly demonstrates in writing that: 1. The provisions of thi s sub-district i n can junction with other city regulations, and circumstances peculiar to the property not sel f; i mposed by the applicant, would proh i bi t any viable economic use of the property; or 2 . The .waterside protection area as set forth i n 9.2fi2~3} occupies mare than 33% of the area of a development site. ~ c } Process . To determine the extent to which an exception i s al l awed under this section, the planning director ar designee shall consider the following steps in the order listed: l . Where practical , relax other setbacks i n order to accommodate buffer setbacks as specified in this subsection. 2. If no economically viable use is feasible under ~c}1., relax waterside protection sub-district requirements applicable to riparian areas has defined i n this secti an} outside buffer setback areas and require enhancement of riparian vegetation within the buffer setback area. 3. I f no econami cal 1 y viable use i s feasible under ~c} 1. or ~c} 2. , reduce the buffer setback area to the minimum extent necessary to accommodate development, and require additional enhancement within the remaining buffer area, consistent with natural resources special standards ~a} through ~d} of section 9.305. 4. If no economically viable use is feasible under ~c} 1. , ~c} 2. or ~c}3. , al i ow alto-rati an of water features} to the minimum extent necessary to accommodate development, but require restoration and enhancement of the affected water features via site plan approval based upon conformance with natural resources special standards fib} through fit} of section 9.305. ~8} Review rocess. Except when the applicant ,can clearly show that proposed development will not encroach into the waterside protection area, all development proposed within the waterside protection sub-district shall be reviewed i n accordance with the site plan review procedure outlined i n section 9.690. Site plan approval for development proposed within the waterside protection sub-district shall be based upon conformance with the natural resources special standards from section 9.305 specified with each use. ~9} Performance contract. Except when it can be clearly shown that proposed development will not encroach into the waterside protection area, performance contracts shall be required for uses within the waterside protection sub-district that are subject to site review or candi ti onal use approval . For uses subject to site review approval , performance contracts will be required i n accordance with section 9.fi94. For uses subject to conditional use approval, performance contracts will be required i n accordance with section 9.122. Section 4 . Anew Section 9.264 i s added to the Eugene Cade, 191 ~ , to provide: 9.264 Wetland Buffer Provisions. (1) Purpose. The primary purpose of wetland buffers and setbacks ordinance - 12