Ordinance No. 20006 - Laserfiche WebLink

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1. Where the waterside protection sub-district and the NR district overlap, only the provisions of the NR district are applied. 2. Where the waterside protecti on sub-district and the wetland buffer sub-district overlap, only one site ,p1 an review process i s required. This review wi 11 address the provisions of both subdi stri cts, The wetland buffer provisians will be applied to wetlands identified for protection in local plans and policies. The waterside protecti an provisians wi 11 be applied to any other water features on the lot that are mapped and identified for protection i n an adopted plan, pal i cy or inventory, ~d} Development within the waterside protection area shal 1 be exempt from the setback provisions of this section if ~1} the specific development i s . to be constructed upon fill that i s authorized under an approved wetland f i 11 permit from both the Oregon Division of State lands and the U,S. Army Corps of Engineers, ~2} the fill is consistent with the goals and policies of the West Eugene Wetlands P1 an i nc1 udi ng the designations on Map 3 of the P1 an, and ~3} any mitigation requirements specified in the permits have been substantially satisfied. . ~3} Waterside ratectian areas. Waterside protection areas consist of three component areas; the area within the channel banks, the setback area, and any riparian area which extends landward beyond the setback. Areas level aped prior to adoption of this section of the code are excluded from waterside protection areas. For the purposes of this subsection, development means buildings and other substanti a1 structures, including paved or gravel parking areas . For the purposes of this subsection, fences and 1 andscapi ng are not sufficient to warrant exclusion for developed areas as~described above. The three components of the waterside protection area are described and defined below: ~a} The area within the channel limits of a water feature from tap of high bank to tap of high bank}. For. a given stream, river ar channel, the top of the bank is the highest point at which the bank meets the grade of the surrounding topography. Characterized by an abrupt or noticeable change from a steeper grade to a less steep grade, and, where natural conditions prevail, by a noticeable change from topography primarily shaped by the presence and/or movement of the water to topography not primarily shaped by the presence of water. Where there i s more than one such break i n the grade, the uppermost shall be cans i dered the top of the high bank. 4b} Buffer setback areas measured horizontally from one of two physical features: 1. Where passible, the buffer setback i s measured horizontally from the top of the high bank of the water feature, as defined above, Buffer setback distances measured from the top of the high bank are as follows: Ordinance - 8