Item 7: Ordinances on Goal 5 Natrual Resources Study

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9.4930 NO.1 10/18/05 Zone shall be limited to that area designated "drainage corridor" on Map 9.3805 S-RN Roval Node Soecial Area Zone and Subareas of this Land Use Code. (5) Areas which the applicant has shown to have been developed prior to [DA TE OF ADOPTION}, are excluded from /WR conservation areas. For purposes of this subsection, "developed" means within the footprint of a legally constructed [struGture that is a}: (a) Building, or other substantial structure constructed on a concrete foundation; (b) Permanent dwelling (including manufactured dwelling) constructed without a concrete foundation; (c) Permanent deck or patio that is attached to a structure listed in subsection (a) or (b) above; or (d) Paved or gravel parking area, road, or driveway that serves uses in an adjacent building or structure listed in subsection (a) or (b) above. Fences and landscaping do not cause an area to be "developed" to warrant exclusion from the /WR conservation area. (6) Where an existing development under subsection (5) above or an existing developed street physically isolates a portion of the conservation setback area from the resource site, that isolated portion of the conservation area shall be excluded from the conservation area. /WR Water Resources Conservation Overlav Zone - Permitted and Prohibited Uses and Exceotions. Uses are permitted or prohibited within the /WR Resources Conservation Overlay Zone based on whether they occur inside or outside the /WR Conservation Area as defined in EC 9.4920, as follows: (1) Uses Permitted Outside the /WR Conservation Area. The uses permitted on portions of properties located outside of the /WR conservation area are the same as those otherwise permitted without consideration of the /WR Water Resources Conservation Overlay Zone. (2) Uses Permitted Within the /WR Conservation Area. Subject to subsections (3) and (4) and any applicable development permits, the following uses are permitted within the /WR conservation area: (a) Removal of refuse. (b) Removal of any fill that is in response to a written determination from a regulating agency that the fill is in violation of local, state or federal regulations. (c) Removal of plants that are non-native and invasive, provided that any significant tree within 25 feet of a Category B, C or D stream that is removed under this subsection must be replaced within 6 months by a native tree that will grow to similar (or greater) size, height and canopy spread as the one removed. Trees with large canopy spread or height may be replaced by multiple trees that, in combination, will provide similar height and canopy spread. (d) Planting or replanting with native plants. (e) Maintenance of access roads or pathways and channel maintenance practices used to maintain storm water conveyance and flood control capacity as required by local policies, local, state and federal regulations, and intergovernmental agreements. Ordinance - 7