Ordinance No. 20430 - Laserfiche WebLink

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9.1040 Establishment and List of Overlay Zones. The overlay zones listed in Table 9.1040 Overlay Zones are established as follows: Table 9.1040 Overlay Zones OverlayDescription /WP Waterside Protection Overlay Zone /WQ Water Quality Overlay Zone /WR Water Resources Conservation Overlay Zone Section 3. The following caption and Sections 9.4770 through 9.4790 are added to the Eugene Code, 1971, to provide: /WQ WATER QUALITY OVERLAY ZONE 9.4770 /WQ Water Quality Overlay Zone - Purpose. The purpose of the /WQ Water Quality Overlay Zone is to protect the health and safety of the public in a manner that complies with federal and state water quality requirements. The Overlay Zone is intended to protect and improve the physical integrity and water quality function within and adjacent to otherwise unprotected waterways consisting of waterways identified pursuant to section 303(d) of the federal Clean Water Act, waterways that are tributaries to those waterways, and headwater streams. 9.4772 /WQ Water Quality Overlay Zone – Applicability. EC 9.4770 through 9.4790 apply to all property to which the /WQ Water Quality Overlay Zone has been applied through the city’s rezoning process or through automatic rezoning upon annexation. 9.4774 /WQ Water Quality Overlay Zone – Relationship to Other Zones and State and Federal Laws. When conflicting zoning provisions apply to land within a /WQ Management Area (See EC 9.4778), the /WQ provisions shall control. Consistency with the provisions of EC 9.4780 does not exempt the property owner from state or federal laws or regulations. 9.4776 /WQ Water Quality Overlay Zone - Siting Requirements. In addition to the criteria at EC 9.8865, when considering an application to add the /WQ Overlay Zone to a lot, the following criteria apply: (1) The subject lot Includes: (a) A waterway identified pursuant to section 303(d) of the federal Clean Water Act, a waterway that is a tributary to a 303(d) waterway, or that is a headwater stream; or (b) A portion of the /WQ Management Area, as described in EC 9.4778(1), for a waterway described in (a); and (2) The subject segment of waterway (it may be natural or constructed): (a) Is not already protected by the NR zone or the /WR, /WP or /WB overlay zones; (b) Has a discernable streambed and side banks; (c) Carries water at least part of the year; Ordinance - 2