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ORDINANCE No. 20028 <br />AN oRDINANCE CORRECTING SECTIQNS 9.262 AND 9.264 OF THE <br />EUGENE CODE , 1971. <br />THE CITY OF EUGENE DIES ORDAIN AS FOLLOWS: <br />Section 1. Subsection (3)(b) of Section 9.262 of the Eugene Code, 1971, <br />is amended to provide: <br />9.262 W r i e Pr i n Pr vision . <br />~ 3 7 Waterside „p,rotect„~,.on areas . Waterside protection areas consist <br />of three component areas : the area within the channel banks , the setback area , <br />and any riparian area which extends landward beyond the setback. Areas developed <br />prior to adoption of this section of the cade are excluded from waterside <br />protection areas . For the purposes of this subsection , development means <br />bui 1 di ngs and other substanti a1 structures , including paved or gravel parking <br />areas . For the purposes of this subsection , fences and 1 andscapi ng are not <br />sufficient to warrant exc1 usi on for developed areas as described above. The <br />three components of the waterside protection area are described and defined <br />below: <br />fib) Buffer setback areas measured horizontally from one of two <br />physical features <br />1. Where possible, the buffer setback i s measured <br />horizontally from the top of the high bank of the water <br />feature, as defined above. Buffer setback distances measured <br />from the top of the high bank are as fall ows <br />MINIMUM BUFFER SETBACKS FROM TOP OF BANK <br />Water Feature Buffer Setback <br />Perennial , within fl oodway 64 feet <br />Perennial , outside fl oodway 40 feet <br />Intermittent or seasonal ZD feet <br />2. I f the top of the high bank i s not identifiable, <br />the buffer setbacks are measured horizontal 1y from the 1 i ne of <br />ordinary high water. In a gi ven stream, pond, or other water <br />ordinance ~ I <br />