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2. Utility facility (such as a transmission pole, utility transmission vault <br />box, or pump station), telecommunication tower, telecommunication <br />platform, satellite dish, sign or billboard; <br />3. Permanent deck or patio that is attached to a structure listed in <br />subsection 1. above; or <br />4. Paved parking area, street, driveway, bike path, or pedestrian path. <br />Fences and landscaping do not cause an area to be “developed” to <br />warrant exclusion from the /WQ Management Area. All other uses and <br />structures that were legally established prior to June 10, 2009 but that do <br />not comply with the allowed uses and standards of the /WQ Overlay Zone <br />are subject to EC 9.1200 through EC 9.1240 Legal Nonconforming <br />Situations; and <br />(b) Any land that is included in a: <br />1. /WP Waterside Protection area as described in EC 9.4720; <br />2. /WB Wetland Buffer area as described in EC 9.4820; or <br />3. /WR Water Resources Conservation area as described in EC <br />9.4920. <br />(4) <br />Where an existing development under subsection (3)(a)1. or 3. above or an <br />existing developed street or sound wall physically isolates a portion of the /WQ <br />Management Area, as part of the city’s consideration of an application for a <br />development permit or land use approval, the city shall exclude that isolated <br />portion from the /WQ Management Area. <br />9.4780 /WQ Water Quality Overlay Zone - Permitted and Prohibited Uses. <br />Uses are <br />permitted or prohibited within the /WQ Water Quality Overlay Zone based on <br />whether they occur outside or within the /WQ Management Area as follows: <br />(1) Uses Permitted Outside /WQ Management Area. <br />(a) The uses permitted on portions of a lot located outside of the /WQ <br />Management Area are the same as those otherwise permitted on that <br />lot without consideration of the /WQ Water Quality Overlay Zone; and <br />(b) Prior to issuance of a development permit, the city shall verify that the <br />/WQ Management Area setback has been accurately demarcated by a <br />prominent and continuous protective feature indicating a “No <br />Disturbance Area.” No site preparation, including but not limited to <br />vegetation removal, may take place within 50 feet of the /WQ <br />Management Area, until such verification has been provided. <br />(2) Uses Permitted Within /WQ Management Areas. <br /> Subject to any applicable <br />development permits, the following uses are the only uses permitted outright <br />within the /WQ Management Area: <br />(a) Vegetation Planting and Management. <br />1. Plantings of plants and vegetation provided they are not Invasive, <br />Non-Native Plant species as defined in EC 9.0500 Definitions; and <br />2. Mowing, replacing and pruning vegetation within lawn and garden <br />landscaped areas existing as of June 10, 2009. <br />The use of native vegetation in the /WQ Management Area is preferred, <br />in order to reduce the need to apply water, herbicides, pesticides and <br />fertilizers; <br />(b) Removal of Plants and Vegetation. <br />1. Other than as permitted pursuant to EC 9.4780(2)(a)2., or <br />approved pursuant to EC 9.4780(3) or EC 9.8030(25), removal of <br />plants and vegetation shall be limited to the following: <br />Ordinance - 4 <br /> <br />