HomeMy WebLinkAboutOrdinance No. 20006ORDINANCE N0. 20006
AN ORDINANCE ESTABLISHING A NATURAL RESOURCE ZONING
DISTRICT; AN~,ENDING SECTIONS 9.015, 9.060, 9,.268 AND
' 9,690 OF THE EUGENE CODE, 1911; AND ADDING SECTIONS
9.262, 9.26N~, 9.300, 9.301, 9.302, 9.303, 9.304,.9.305,
9.306 AND 9.126 TO THAT CODE.
THE CITv OF EUGENE GOES ORDAIN AS FOLLOWS:
Section 1. Section x.015 of the Eugene Code, 1911, is amended by adding
the following definitions in alphabetical order therein, to provide:
9.015 Definitions . As used i n this chapter, unless the context requires
otherwise, the following wards and phrases mean:
Bi of i 1 trot i an . Deliberate f i 1 teri ng of sediments and other
poll utants from starmwater runoff by directing f1 ow through a
vegetated area.
Boardwalk. A rai sed wooden walkway with rai 1 i ngs, which
allows humans to enter a sensitive natural area without damaging
plants or compacting soi 1 s.
Channel maintenance. Periodic removal of debris, sediment,
vegetation, 1 i tter and other materi a1 within the bed ar banks of a
stream or channel recognized as part af' the city's stormwater
drainage system, and performed by the city or in accordance with
city policy.
Channel_i ze,^ channel i zi nq. Human a1 terati on of the bed ar
banks of a natural ~I~~stream or river to sped f i cal ly increase its
conveyance or capacity characteristics without maintaining its
natural character, typi tally by straightening its course, increasing
its depth and removing obstructions i n the bed or on the banks .
Economical 1 y„ ,y,i ab1 a use. Any reasonable econami c use of a
parcel or a portion~l~lll~~lthereof,~ which is an allowed use within the
current zoning of the parcel. For the purposes of this chapter, a
diminution i n vat ue or deve1 opabl a area directly attri butabl a to the
pravi s i ons of this chapter does not remove al 1 "econami cal 1 y v i abl e
use" from the parcel unless no use allowed within the zoning
district can be developed anywhere on the parcel.
Enhancement, Deliberate alteration of vegetation, hydrology,
topography, or soils on a site to increase or improve one or more
natural va]ues:
1. Increasing the wi 1 dl i fe habitat value by increasing
the supply and diversity of natural food sources throughout
the year, increasing the diversity and ducat i an of water
features throughout the year or increasing the diversity i n
size and structure of plants ; or
2. Improving water qua1 i ty by reducing the amount of
pal 1 utants entering the water or removing pollutants a1 ready
i n the water;
Ordinance - 1
3. Improving the natural character by encouraging and
al 1 owi ng natural vegetation to, grow i n natural patterns
accords ng to soy l and water condo ti ons;
4. Removing litter, refuse and unnatural fill; ar
5. Improving the capacity of the area to contain,
detain or filter stormwater runoff.
Inter retive center nature inter retive center. A foci l i ty
that i s open to the pub1 i c and constructed and used for the purpose
of educating people about the 1 ocal environment and cultural
history.
Interpretive _information kiosk. A multiple faced sign
I~POiInIi0lim~~~~
constructed and ~~~used far the purpose of educating peapl a about the
i ocal envi ranment and cultural history.
Juri sdi cti anal wetland. See wetland.
Native ants nat~v
' p I,~ ',.,.elye~etation. Plant species that grow and
li
propagate themselves i n Ilth~el southern Wi 1 i amette Val 1 ey through
natural processes, are adapted to the weather, soi 1 s and hydro1 ogy
of the area, and which have evolved i n the area or been introduced
to the area by natural causes. Distinguished from p1 ant species
which have been deliberately or accidentally imported or introduced
from other areas by.humans or human activities.
Natural ,,,,d,rai na~ways. Natural streams, channels, creeks or
rivers or portions thereof which have not been channel i zed, and
which retain a predominantly natural character.
Natural functions and values. Characteristics of a site which
contribute to the healthy and effective functioning of natural
processes on the site, along with the contribution made by the site
to the healthy and effective functi ani ng of the 1 arger natural
resource system of which the site i s a part; including but not
limited to improvement of water quality, provision of food, water
and cover for wi 1 dl i fe, storage capacity far flood waters,
protection against erosion, sediment removal, fisheries habitat, and
groundwater recharge or discharge.
Natural resource area . The area within the mapped boundaries
of any 1 ocal l y inventoried wetland, pond, stream, channel , river,
lake or upland wildlife habitat area. Synonymous with "natural
area", "natural resource area" and "natural feature".
Practical. As used in sections 9.262, 2.264 and 9.305,
attai nab1 a or feasi bl a wi thout undue financial hardship or violation
of other 1 aws or regulations.
Practical , to ,the maximum ext„ent. As used i n sections 9.262,
2.264 and 9.305, ~~ Ito the greatest I~~degree attainable or feasi bl e
wi t'hout undue financial hardship or violation of other 1 aws or
regulations.
Protected wetland rotected natural resource area. A wetland
or other natural resource area identified for protection i n an
adopted plan ar a wetland on a parcel zoned NR natural resource
district.
Rare lants. Any plant species which are listed or officially
proposed to be listed on adopted state or federal "Rare, Threatened
ar Endangered Species" lists .
Riparian habitat, r.pari an ,,,.,area. Lands adjacent to water
-.-
features which cont~al n primari ly nat~we vegetation i nc udi n s eci es
9P
ordinance - 2
that typically grow in wet areas wet area species}. For the
purposes of this code, "wet area species" are those species 1 i steel
as "facu1 tati ve, " "facultative wetland, " or "obligate wetland."
species i n the most recent U. S. Fish and Wi 1 d1 i fe Service "1 i st of
plant species that occur i n wetlands" for the Eugene area. Where
1 arge forested areas ad jai n a water feature, only that portion which
contains wet area species is considered riparian. Riparian areas
frequently contain jurisdictional wetlands, and should be considered
potential wetlands until field studies show otherwise.
yegetat ~_on ,removal . Destruction, physical removal , removal of
the majority of~l~~~~lthe plant above ground, up-raoti ng, or 1 ethal
application of herbicides.
Water features. Water features are permanent or intermittent
bodies of water, including streams, ponds, rivers, 1 akes, drainage
channels and jurisdictional wetlands.
Wet1 and. Any parcel or portion of a parcel which meets the
state or federal definition of wetlands that are under the
jurisdiction of state or federal 1 aws. Synonymous with
"jurisdictional wetland".
Wetland boundar . Any mapped wetland boundary which is
produced by methods consistent with state and federal law and pot icy
and acceptance of which has .been made i n writing by the appl i cabl e
state or federal agencies. Synonymous with "accepted jurisdictional
wetland boundary" and " j uri sd i cti ona1 wetland boundary" .
Section 2. Section 9.060 of the Eugene Code, 1911, is amended by amending
Subparagraphs (a)(4), (b)(3), (c)(3), (d)(4), and adding a new Subparagraph (k)
thereto, to provide
9.060 P___a_tt i nq Sta,nda,rd s _,,,,,,,,,L„o
- , is and,,,.Parcels. All lots and parcels shall
comply with the fol l owl ng requirements. In this section "1 ots" and
"parcels" are used interchangeably. When more restrictive, related provisions
~n the zoning ordnance apply.
ta} Lot Area Minimums.
Note: variance provisions are not oval 1 abl a for
departure from residential 1 of area minimums .
4. Exceptions
Duplex divisions ................... 3,fi00 square feet
Corner duplex 1 ots i n RA/R-1
Lots created on or before 3/15/fi5..5,000 square feet
lots created after 3/15/68 and with
frontage of at 1 east 160 feet .. 8, 000 square feet
Lots annexed after 3/15/65
Existing duplex ................ Existing lot size
At 1 east 160 frontage feet ..... 8, 000 square feet
Interior duplex 1 ots i n RA/R-1 ..... 8, 000 square feet
Duplex/triplex/faurpl ex provisions i n RA/R-1
Duplexes ..........................B,000 square feet
Triplexes .......... . .. . .... . .. . . 1~, 000 square feet
Ordinance - 3
Fourplexes ...................... 1G,000 square feet
Alley access parcels
Original parcel
RA/R-I ....................... 9,000 square feet
R-2, R-3, R-4 ................ 1,200 or 4,500
square feet as per
alley access
parcel standards
Both parcels after division
RA/R-1 ....................... 4,500 square feet
R-2, R-3, R-4 ................ 3,500 or 2,250
square feet as per
al 1 ey access
. parcel standards
Panhandle gear} lots .............. 6,000 square feet
Small provisions in
R-2, R-3, R-4 .................... 2,250 square feet
dot of record ...................... Recorded lot size
Planned unit developments .......... As per PUD
regulations
MU/SD uses ..................~...... As per MU/SD
regulations
H District ......................... As per H District
regulations
Cluster subdivisions in RA/R-I ..... As per RA/R-1
cluster provi -
. sions
Industri a1 parks i n I -2 and I -3 .. , . 5 acres
Conservation land divisions ........ As per conserva-
tion land divi-
sion provisions
NR District ........................ No minimum
fib} Lot Frontage Minimums.
3. Exceptions
. Outer radius of a curved street ... 35 feet measured
on the arc
. Circular end of a cul-de-sac ...... 35 feet measured
on the arc
Alley access parcels ............. . 0 ion alleys}
Panhandle to rear parcels ......... As per panhandle
1 of provi si ons
Small lot provisions in
R-2, R-3, R-4 .................. . 3o feet
Lot of record .................... . Recorded lot
frontage
Planned unit developments ........ . As per PUD
regulation s
MU/SD uses ....................... . As per MU/SD
regulations
H District ....................... . As per H
District
Ord i n ance - 4
regulations
Cluster subdivisions in RA/R-I .... As per RA/R-I
cluster provi-
sions
Corner duplex 1 ots i n RA/R-1 ..... , See minimum area
requirements
Conservation land divisions ....... As per conserva-
tionland divi-
..
s i on prov ~ s ~ on s
NR District ....................... Na minimum
~c} Lat Width Minimums
1. Interior/alley access/panhandle
lots ............................. . 5o feet
2. Corner lots ...................... . 65 feet
3. Exceptians
Duplex divisions ................. . 45 feet
Small lot provisions in
R-2, R-3, R-4 ................... . 30 feet
Lot of record .................... . Recorded lot
width
Planned unit developments ........ . As per PUD
regulatians
MU/SD uses ....................... . As per MU/SD
regulations
H District ..................... ... As per H
District
regulations
Cluster subdivisions in RA/R-I .... As per RA/R-1
cluster provi-
sions
Conservati an 1 and divisions ....... As per conser-
vation land
division
provisions
NR District ...................... . No minimum
~d} Lot__Depths.
I . All 1 ots .......................... Minimum: 80
feet
2. Average width up to 6o feet .....,. Maximum:
Average
width times
2C5
3. Average width over 6o feet ........ Maximum:
Average
width times
3.a
4, Exceptians
Sma11 lot provisions in
R-2, R-3, R-4 ................... Minimum: 15
feet
Ordinance - 5
Maximum:
Average
width times
5.5 with
planning
director
approval
lot of record .. .............. . ... Depth as
recorded
Alley access parcels ........... .. As required
by area and
Width
minimums
Planned unit developments ....... . As per PUD
regulations
MU/SD uses ...................... . As per MU/SD
regulations
H District .................... ... As per H
District
regulations
Cluster subdivisions in RA/R-1 ... As per RA/R-1
cluster provi-
sions
Conservation 1 and di vi si ons ...... As per conser-
vation land
division
..
prav~s~ons
NR District ..................... . No minimum
~k~ Conservation land divisions. Conservation land
divisions are intended to facilitate the sale or donation of
val uabl a natural resource areas to pub1 i c or non-profit agencies for
long-term protection and management by dividing conservation areas
and remaining areas into separate parcels.
Conservation parcels are those set aside and
managed or protected to conserve natural resource values
including wildlife habitat, ecological significance, rare or
endangered species, water quality, and f1 and storage and
control. Conservatian parcels are primarily undeveloped and
natural. Conservatian parcels shall have no minimum standards
far lot area, frontage, width or depth.
2 . Remainder parcels are those that are not being
protected far natural resource values. Remainder parcels may
be developed, partly developed or undeveloped. The planning
director may authorize exceptions to the minimum platting
standards for l at area, lot frontage, 1 of width and 1 of depth
for remainder parcels provided that the fol l awi ng standards
are met
a. At least one of the lots created must be a
conservation parcel and must be rezoned to NR district
prior to or concurrent with land division.
b. The number of remainder parcels created must
Ordinance - 6
be the least number that will accomp1 i sh the purpose of
the conservation land division.
c . Exceptions to minimum lot and parcel
platting standards will not be allowed on residentially
zoned remainder parcels.
d. On remainder parcels, exceptions to minimum
lot and parcel platting standards in agricultural,
commercial and i ndustri a1 zones wi 11 be no more than the
minimum needed to accomplish the purpose of the
conservation land division.
3. The c~ ty shall keep records of approved remainder
parcels to ensure that zoning reviews on future building
permit applications are consistent with that approval.
Section 3. Anew Section 9.262 is added to the Eugene Code, 1911, to
provide:
9.262 Waterside Protection Provisions.
~ 1 } Pur ose . The primary objective of the Waterside Protection
Sub-district i s to protect water quality i n desi gnated rivers, channels, streams,
riparian areas, wetlands, and upland headwater streams . This sub-district i s
also intended to protect wi 1 dl i f e habitat and prevent property damage from storms
and floods.
The provisions of this sub-district are intended to implement policies in
the Metropolitan Plan which call for protection of riparian vegetation, wetlands,
waterways, wi 1 dl i fe habitat, and surface and ground water quality.
The waterside protection sub district is also intended to maintain or
enhance open space areas adjacent to water features. These open space areas are
important because they contain native vegetation; convey, stare, or improve the
quality of urban starmwater runoff ; prov ~ de habitat for wi 1 dl i f e and, where
appropriate, can provide 1 egal ly obtained access for channel maintenance. Uses
and activities permitted i n these. areas are restricted i n most cases to those
that are consistent with the purpose of this sub-district. Where conflicting
uses or activities must occur, site plan approval based upon conformance with
specified natural resource special standards ~ from section 9.305} i s required to
minimize adverse impacts.
~2} A~,lp icabilit . The waterside protection sub-district applies
to streams, rivers, channels, panels and other water features and adjacent areas
specified for protection in an adapted plan.
~a} Specifically, this sub-district encompasses parcels any
part of which contain or are within waterside protecti an areas as
described in this section.
fib} The provisions of the waterside protection sub-district
do not exempt a person or property from state or federal 1 aws and
regulations that protect water quality, wetlands, yr other natural
areas.
~c} In some cases, the waterside protection sub-district may
overlap with the Natural Resources ~NR} district or the wetland
buffer sub-di stri ct. ~ In these cases, only one review process i s
required as follows:
Drdinance - 1
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
MINIMUM BUFFER SETBACKS FROM TOP OF BANK
Water Feature Buffer Setback
Perennial , within special flood hazard area 60 feet
Perennial , outside speci a1 f1 and hazard area 40 feet
Intermittent or seasonal 20 feet
2. If the tap of the high bank is not identifiable,
the buffer setbacks are measured horizontally from the 1 ine of
ordinary high water. In a given stream, pond, or other water
body, the 1 i ne of ordinary high water i s the 1 i ne an the bank
or shore to which seasonal high water rises annually.
Identified i n the f ~ e1 d by physical characteristics that
include one ar mare of the fo11 owi ng: ~a} a cl ear, natural
1 i ne impressed on the bank, fib} changes i n the characteristics
of soil, ~c} the presence of water-borne litter and debris,
~d} destruction of terrestrial vegetation. If rel fable water
1 evel data are. avai 1 abl a for three or more consecutive
previous years, the 1 ine of ordinary high water can be
considered the mean of the highest water level for all years
far which data is available. Buffer setback distances
measured from the 1 ine of ordinary high water are as fol laws:
MINIMUM BUFFER SETBACKS FRaM ORDINARY HIGH WATER LINE
Water Feature Buffer Setback
Perennial , within special f 1 ood hazard area l5 feet
Perennial , outside speci a1 flood hazard area 50 feet
Intermittent or seasonal ~5 feet
~c} Contiguous riparian areas which extend landward from the
water feature beyond the buffer setback area, as defined i n thi s
sub-district.
1. Riparian habitat, riparian area. Lands adjacent
to water features which contain primarily native vegetation
including species that typically grow in wet areas wet area
species}. For purposes of this code '"wet area species" are
those species l i, steel as "facultative, " "facultative wetland, "
or "ob1 igate wetland" species i n the mast recent U. S. Fish and
Wildlife Service "list of plant species that occur in
wetlands" for the Eugene area. Where large forested areas
ad joi n a water feature, only that portion which contains wet
area species i s considered riparian ,
2. The city shat 1 mai ntain maps of regulated riparian
areas, and make them available to the public. These maps wi l l
be used to identify the extent of the riparian area unless the
applicant can demonstrate through detailed inventory
i nformati an ~ i nc1 udi ng maps showing the 1 ocati on and species
of vegetation growing i n the disputed area} that the city's
Ordinance - 9
maps are in error.
~4} Canveyance of stormwater maintenance easement, Within the
waterside protection area, the city shall have the authority to require
conveyance of a mai ntenance access easement for any natural or human made
stormwater foci 1 i ty as a condi ti on of approval for any site review yr condi ti anal
use permit. Maintenance access easements shall be paral 1 el to the stream ar
channel and shall be of sufficient width to al 1 ow a 2a foot wide maintenance
access road along one side of the stream or channel.
~5} Permitted uses. There are two categories of uses: those
allowed by the parent district outside of the waterside protection area, and a
mare restrictive 1 i st al l awed within the waterside protection area.
~ a} Uses permitted or permitted cond i t i ona11 y i n the parent
district are permitted within this sub-district provided those uses
are located outside waterside protection areas.
fib} Uses ermitted outri ht. Within waterside protection
areas, the fol 1 owi ng uses are permitted, subject to the "Prohibited
practices" provisions in subsection ~6} of this section:
l . Removal of refuse and unauthorized f i 11.
2. Removal of non-native or invasive plant species
i nc1 uded on a 1 i st determined by the P1 ann i ng Director and
kept an f i 1 e at the city.
3. P1 anti ng or rep1 anti ng with native plants i nc1 uded
on a 1 i st determined by the P1 ann i ng Director and kept on f i 1 e
at the city.
4. Construction of channel maintenance access roads
yr pathways and channel maintenance practices used to mai ntai n
stormwater conveyance and flood control capacity as required
by local policies, state and federal regulations, and
intergovernmental agreements.
5. Removal of vegetation by non-chemical means wi th i n
a strip not to exceed ~ 5 feet wide where a pub1 i cl y owned
property within the waterside protection sub-district abuts
private property that is not within a waterside protection
area, only when deemed necessary by the public works director
or designee to protect human health and safety or to prevent
a nuisance.
~c} Uses permitted sub.iect to site o1 an review. Wi thi n
waterside protecti on ~ areas, the fol 1 owi ng uses are permitted,
subject to the "Prohibited practices" provisions i n subsection ~6}
of this sect i an and site plan approval based upon compliance with
the natural resources special standards from section 9, 305 1 i steel
with each use below:
1. Realignment and reconfiguration of channels and
pond banks. Subject to natural resources special standards
~b}, ~c}, fie} through ~i } of section 9.305} .
~. Construction of stormwater quality treatment
foci 1 i ti es that use bi of i 1 trot i on methods, such as shallow
grassy swales, constructed wetlands, and ponds, and which do
not include adding impervious surfaces. Subject to natural
resources special standards fib} through ~ i } of section 9.305} .
3. Canstructi on of publ i c improvements ~ i ncl udi ng but
not limited to streets, sanitary and storm sewers, bridges,
Ordinance - l0
bikeways, pedestrian paths, maintenance access roads and
public utilities} required by this code or specified in
adopted plans. Subject to natural resources special standards
fib} through ~ j} , gym} through fir} , and fit} of section 9.305} .
4. Maintenance of existing utility easements to
maintain access and promote safety, and as required by 1 ocal
. policies, state and federal regulatians,and intergovernmental
agreements. Subject to natural resources special standards
~b}, ~c}, and fie} through ~i } of section 9.305} . Utility
companies shall submit to the ci ty a noti ce of easement
maintenance activities within the waterside protection area
describing the nature and extent of those activities 15 days
prior to commencing those activities.
5. Wetland ar riparian area enhancement, restarat i on
ar creation activities that are consistent with adopted plans
and policies, including construction of stormwater quality
treatment foci 1 i ti es that use bi of i 1 trati on methods, such as
shallow grassy swat es, constructed wetland, and ponds.
Subject to natural resources special standards fib} through
~ i } of section 9.305. } .
~6} Prohi bi ted,,,,,p,racti ces. The fol 1 owi ng practices are prohibited
within waterside protect i on I arleas y except as spec i f i cal 1 y approved through the
exceptions process of this sub-district: .
~a} .Storage of chemical herbicides, pesticides or
fertilizers or other hazardous or toxic materials.
fib} Dumping, pi 1 i ng or disposal of refuse.
~c} Dumping, piling disposing or composting of yard debris,
fill , or other material except for ~ i } single family residential
composting, which must be kept at 1 east ten feet from the top of the
bank of any water feature, and ~ i i } soi 1 s or sai 1 amendments used
for replanting ~in accordance with the provisions of this section.
~d } Construction Of new septic drai of i el ds .
fie} Channel izing or straightening natural drainageways.
~ f } The fol 1 owi ng practices are prohibited unless they:
~1} are directly related to a use permitted in this zoning
district, ~2} address an imminent threat to public health and
safety, or ~3} result i n enhancement of water quality, and
enhancement or maintenance of stormwater conveyance capacity, flood
control capacity, groundwater discharge and recharge capacity and
wildlife habitat:
1. Filling
~. Grading
3. Excavating
4. Application of chemical herbicides, pesticides and
fertilizers.
~1} ,Exceptions. Exceptions to the provisions of~this sub-district
far uses and development within waterside protection areas are permitted i n
accordance with the fallowing provisions:
~a} Authorit . The planning director or designee shall have
the authority to grant exceptions to the provisions of this sub-
district.
fib} Criteria, Exceptions will be granted only i f the
Drdi Hance - 1 ~
applicant clearly demonstrates in writing that:
1. The provisions of thi s sub-district i n can junction
with other city regulations, and circumstances peculiar to the
property not sel f; i mposed by the applicant, would proh i bi t
any viable economic use of the property; or
2 . The .waterside protection area as set forth i n
9.2fi2~3} occupies mare than 33% of the area of a development
site.
~ c } Process . To determine the extent to which an exception
i s al l awed under this section, the planning director ar designee
shall consider the following steps in the order listed:
l . Where practical , relax other setbacks i n order to
accommodate buffer setbacks as specified in this subsection.
2. If no economically viable use is feasible under
~c}1., relax waterside protection sub-district requirements
applicable to riparian areas has defined i n this secti an}
outside buffer setback areas and require enhancement of
riparian vegetation within the buffer setback area.
3. I f no econami cal 1 y viable use i s feasible under
~c} 1. or ~c} 2. , reduce the buffer setback area to the minimum
extent necessary to accommodate development, and require
additional enhancement within the remaining buffer area,
consistent with natural resources special standards ~a}
through ~d} of section 9.305.
4. If no economically viable use is feasible under
~c} 1. , ~c} 2. or ~c}3. , al i ow alto-rati an of water features} to
the minimum extent necessary to accommodate development, but
require restoration and enhancement of the affected water
features via site plan approval based upon conformance with
natural resources special standards fib} through fit} of section
9.305.
~8} Review rocess. Except when the applicant ,can clearly show
that proposed development will not encroach into the waterside protection area,
all development proposed within the waterside protection sub-district shall be
reviewed i n accordance with the site plan review procedure outlined i n section
9.690. Site plan approval for development proposed within the waterside
protection sub-district shall be based upon conformance with the natural
resources special standards from section 9.305 specified with each use.
~9} Performance contract. Except when it can be clearly shown that
proposed development will not encroach into the waterside protection area,
performance contracts shall be required for uses within the waterside protection
sub-district that are subject to site review or candi ti onal use approval . For
uses subject to site review approval , performance contracts will be required i n
accordance with section 9.fi94. For uses subject to conditional use approval,
performance contracts will be required i n accordance with section 9.122.
Section 4 . Anew Section 9.264 i s added to the Eugene Cade, 191 ~ , to
provide:
9.264 Wetland Buffer Provisions.
(1) Purpose. The primary purpose of wetland buffers and setbacks
ordinance - 12
i s to ma i nta i n or improve water quality wi th i n protected wets and sites identified
in the West Eugene Wetlands P1 an, Secondary benefits of buffers and setbacks
include creating open space between the resource and adjacent uses, helping to
mai ntai n or improve wildlife habitat values and wetland hydro1 ogy, protecting the
aesthetic value of the site and minimizing property damage from f 1 Dods .
The provisions of this .sub-di~stri ct are intended tv implement policies i n
the Metro Plan which cal 1 for protection of wetlands, wi 1 d1 i fe habitat, and
surface and ground water quality. The provisions of this sub-district are also
intended to address state and federal 1 aws ~ and policies which regulate
development within jurisdictional wetlands to protect water quality, including
applicable provisions of the Federal Clean Water Act and the State of Oregon's
wetland 1 aws.
The wetland buffer sub-district is also intended to maintain or enhance
open space areas adjacent to wetlands identified for protection in the West
Eugene Wetlands Plan. These open space areas are intended to cantai n native
vegetation, and convey, store, or improve the quality of urban stormwater runoff,
while providing habitat for wildlife. Uses and activities permitted in these
areas are restricted i n most cases to those that are consistent with the purpose
of this subdistrict. Where conflicting uses or activities must occur, either
conditional use permit or site plan approval based upon conformance with
specified natural resources sped a1 standards of section 9.305 i s required to
minimize adverse impacts.
~ 2 } A 1 i cabi l i t . The wetland buffer sub-district applies to new
development or redevelopment on 1 ots or parcels which are adjacent to wetlands
identified for protection i n the West Eugene Wet1 ands P1 an .
~a} Specifically, this sub-district encompasses lots or
parcels any part of which contain or are within wetland buffer areas
as described i n this section. In some instances buffers wi 11 be
required for new development even though existing adjacent
developments have no buffer.
fib} The provisions of the wetland buffer sub-district do not
exempt a person or property from state or federal laws and
regulations that protect water quality, wetlands, or other .natural
areas .
~c} In same cases, the wetland buffer sub-district may
overlap with the NR natural resources district yr the waterside
protection sub-district. In these cases, only one review process is
required as follows;
1. Where the wetland buffer sub-district and the NR
district overlap, only the provisions of the NR district are
applied.
2. Where the wetland buffer sub-district and the
waterside protection sub-district are applied tv the same tax
1 ot, oni y one site plan review process i s required . Th i s
review will address the provisions of both sub-districts. The
wetland buffer provisions wi 11 be applied to wetlands
identified far protection in local plans and policies. The
waterside protect ~ on provisions wi 11 be applied to any other
. water features on the lot that are designated for protection
i n adopted plans, pot i ci es or inventories.
~d} Development within the wetland buffer area shall be
exempt from the setback provisions of this section i f ~ 1 ~ the
Ordinance - 13
specific development i s to be constructed upon fill that i s
authorized under an approved wetland f i 11 permit from bath 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 Plan including the designations on Map 3 of the
. Plan, and ~3} any mitigation requirements specified in the permits
have been substantially satisfied.
~3} Wet1 and buffer areas. Wetland buffer areas shall consist of
the area between the jurisdictional wetland boundary accepted by the Oregon
Division of State Lands and the U.S. Army Corps of Engineers and the wetland
buffer setback line as specified in this subsection. Standard wetland buffer
setback distances are determined by the value .category of the adjacent wetland,
and whether or not the buffer setback area i s enhanced. Wetland vat ue categories
are defined according to the cri teri a contai ned i n the West Eugene Wetlands P1 an.
~a} wetl_and _val ue „ ,,, ca,tegori es. _ Three wetland value
categories shall be used for applying setbacks, buffer requirements
and other protection measures applied to wetlands designated for
pratecti an ~i n the West Eugene Wetlands P1 an protected wetlands} .
The three categories are: high value wetlands, moderate value
wetlands and 1 ow value wetlands . A 1 i st of protected wetland sites
indicating the wetland value category of each i s included i n the
West Eugene Wetlands P1 an.
fib} Standard wetland buffer setback distances. Standard
wetland buffer setback distances are measured horizontally from
jurisdictional .wetland boundaries accepted by the Oregon Division of
State Lands and the U. S. Army Corps of Engineers. Wetland buffer
setbacks are of two types : Type I , i n which no enhancements are
required within the setback area, and Type II, in~which vegetative
and stormwater quality enhancements are required. Property owners
shall have the choice of whether the Type I ar Type II buffer
setback i s applied to their property, un1 ess a Type I buffer setback
would preclude any economically viable use of a parcel. In those
cases, a Type I I buffer setback, would be applied . Standard wetland
buffer setback distances are as follows:
1. High value wetlands shat l have a Type I setback of
I00 feet with no s i to enhancements; or a Type I I setback of 50
feet meeting vegetative, stormwater, and other enhancement
standards as specified i n natural resources special standards
~a} through ~d} of section 9.305.
2. Moderate value wetlands shall have a Type I
setback of 50 feet with no site enhancements; or a Type I I
setback of 25 feet meeting vegetative, stormwater, and other
enhancement standards as specified in natural resources
special standards ~a} through ~d} of section 9.305.
3. Sower value mitigation/enhancement} wetlands.
Disturbed agricultural wetlands designated for enhancement or
mitigation i n the West Eugene Wetlands P1 an shal 1 not have a
buffer setback outside the wetland boundary.
~c} Buffer reduction for low intensit uses. A Io°/Q
reduction from the standard buffer setback distances shall be
allowed when the adjoining use is one of the following: low density
residential , public parks and open space, or agriculture.
Ordinance - 14
~4} Permitted uses. Within the wetland buffer sub-district, there
are two categories of uses : those allowed by the parent district outside of the
wetland buffer area, and a more restrictive 1 i st allowed within the wetland
buffer area.
. ~a} ,Outside wetland buffer areas, The uses permitted in
this sub-d~str~ct are the same as those permitted in the parent
district.
fib} Within wetland buffer areas:
1. Uses ermitted outri ht. Within wetland buffer
areas, the follawing uses are permitted outright:
a. Removal of refuse and unauthori Zed f i 11.
b, Removal of non-native or invasive plant
species included on a list determined by the Planning
Director and kept on file at the city.
c . Replanting with native plant species
i nc1 uded on a 1 i st determined by the P1 ann i ng Director
and kept on f i 1 e at the city.
d. Channel maintenance to maintain stormwater
conveyance and flood control capacity as required by
1 oval pot i ci es, state and federal regulations, and
intergovernmental agreements.
e. Maintenance of existing utility easements to
maintain access and promote safety, and as required by
local policies, state and federal regulations,and
intergovernmental agreements.
2 . Uses ermitted sub 'ec~t to site l an review.
Wi thi n wetl and buffer areas, the following uses are permitted,
subject to site plan approval based upon compliance with the
natural resources special standards from section 9.305 listed
with each use. Where required, site plan approval must be
secured prior to the application for a building permit for
development within the wetland buffer sub-district. Uses
permitted subject to site plan review are:
a. Wetland or riparian area enhancement,
restoration or creation activities that are consistent
with adopted plans and policies, including :
~i} Construction of stormwater quality
treatment facilities that use biofiltration
methods, such as shallow grassy swat es,
constructed wetlands, and ponds, and which da not
include adding impervious surfaces. Subject to
natural resources special standards fib} through
~i} of section 9.345}.
. iii} impervious surfaces or topographic
changes. Subject to natural resources special
standards fib} through ~i} of section 9.305}.
b. Construction of trails and pathways,
boardwalks, viewing platforms, interpretive information
. kiosks and trail signs. Subject to natural resources
special standards ~ i } through gym} and ~o} through ~q} of
section 9.305.}
c. Restoration and enhancement of natural
Ordinance - ~5
functions and values which involve displacement,
excavation or relocation of mare than 50 cubic yards of
earth and which carry out the objectives of this
district, including realignment and reconfiguration of
channels and pond banks, but not including deliberate
creation of new wetlands or restoration of former
wetlands. ~ Subject to natural resources special
standards fib} through ~i} of section 9.305.}
d. Construction of stormwater qual ity treatment
foci 1 i t i es that use bi of i 1 trati on methods, such as
shallow grassy swat es, constructed wetlands, and ponds,
and which do not include adding impervious surfaces.
Subject to natural resources special standards fib}
through ~ ~ } of sects on 9.305. }
e. Construction of access roads far maintenance
of channels, wetlands and other natural resource areas.
Subject to natural resources special standards fib}
through ~f}, ~h}, ~i }, and ~o} of section 9.305. }
f. Bikeways and other paved pathways. Subject
to natural resources special standards fib} , ~e}, ~f } ,
~h}, ~i }, and ~o} through fir} of section 9.305, }
3. Uses ermi tted conditional 1 In the wetland
buffer subdistrict, the uses below are permitted
conditionally. Conditional use permit approval shall be based
upon conformance with natural resource special standards fib}
through fit} of section 9.305, in addition to the conditional
use criteria contained in section 9.102.
a. Nature interpretive centers, when specified
i n or consistent with adopted plans or policies .
b. Maintenance foci 1 i ti es for storage of
equipment and materi al s used excl usi vely for maintenance
and management of wetlands and natural areas.
~ 5 } Prohibited p,ract i ces . Practices that are not sped f i cal l y
allowed under this secti an, and that would adversely affect water quality or
damage wi 1 dl i fe habitat, are prohibited within the wetland buffer areas,
including, but not 1 i mi ted to, the f of 1 owl ng:
~a} Storage of chemical herbicides, pesticides or
fertilizers or other hazardous or toxic materials.
fib} Deposition ar dumping of any material imported from off-
si te, except for soi 1 s ar soi 1 amendments used for replanting i n
accordance with pray i s i ans of this section .
~c} Construction of new septic drainfields.
~d} Channelizing ar straightening natural drainageways.
fie} Removal ar destruction of rare, threatened or endangered
plant species i s restricted, unl ess a recovery p1 an i s submitted by
the applicant and adapted by the city, following review by the.
Oregon Department of Agri cut tore and the U. S. Fish and Wildlife
Service.
~f} Filling, grading, excavating, deposition of soils
imported from off -site, and application of chemical herbicides,
pesticides and ferti 1 i zers are prohibited unless they: ~ 1 } are
directly related to a use permitted i n this zoning district, ~ 2 }
Ordinance - 16
address an imminent threat to public health and safety, or ~3}
result in enhancement of water quality, and enhancement ar
maintenance of stormwater conveyance capacity, flood control
capacity, groundwater discharge and recharge capacity and wi 1 dl i fe
habitat.
~6} Re_v~ ew p,rocess. A11 development proposed within the wetland
buffer sub-district shat 1 be reviewed i n accordance with the site pi an review
procedure i n section 9.690 of this code, except when the applicant can c1 early
show that proposed development will occur completely outside of the largest
applicable wetland buffer area. site plan approval for development proposed
within the wetland buffer sub-district shall be based upon conformance with the
natural resources special standards from section 9.305 listed with each use.
~ l } Exceptions . The p1 ann i ng director or designee shall have the
authority , to grant exceptions to the standard setback distances and permitted
uses within wetland buffer areas ~n accordance with the following provisions.
~ a} criteria. Exceptions will be granted only i f the
applicant demonstrates in writing that:
1. Through a combination of buffer enhancements and
site design a1 terat i ons that a smal 1 er buffer setback di stance
can provide protection to the resource which is equal to or
better than that provided by the standard buffers specified
above, including; but not limited to meeting or exceeding
natural resource special standards ~ a} through ~d} of section
9.305; or
2. Na economically vi ab1 a use allowed within the
parent district could occur as a result of the app1ecatian of
these setback ~ and buffer provisions, and that the s
circumstance i s not purposefully brought about by any
deliberate action of the owner or developer of the property;
An exception shall be granted by the planning director in
these cases, and type II buffers of less than 50 feet are permitted
on high value wetlands and type II buffers of less than 25 feet are
permitted on moderate vat ue wetlands . Setbacks around high ,value
wet1 ands shal 1 not be 1 ess than 25 feet i n any case,
fib} Buffe_r___a,ve,raging. Wherever practical, reductions in
buffer distance from the standard buffer setback distances due to
approved exceptions shall be accomplished through averaging the
buffer distance on a site. Averaging means that when the buffer
setback i s reduced i n one location, i t i s expanded somewhere e1 se i n
compensation so that the total buffer area remains the same.
I . Wherever practical , reductions i n buffer distance
due to approved exceptions will occur adjacent to lower value
or 1 ess _ sens i ti ve areas wi the n a gi ven wetland site and
expans i an of the buffer e n compensate on wi 11 occur adjacent to
higher . vat ue or more sensitive areas wi th i n a gi ven wetland
site.
2. To the extent practical, wherever buffers are
reduced from the standard setbacks a1 ong channel sites or
other 1 i near sites, buffers shall be increased an the oppasi to
bank of the channel across from the area where the reduction
is allowed.
~c} Reductions to other standards. The planning director
Ord i n once - 11
shall have the authority to reduce other setbacks and landscape
requirements as contained in this code on properties where wetland
buffer setbacks are required.
~d} Ap,~~_~cable standards. All construction, vegetation
removal and earth moving that takes place inside standard wetland
buffer setback areas as approved through this exception process
shat l conform to natural resources speci a1 standards fib} through fit}
of section 9.305.
e S u m t t a re u~ rem,e,n t,_„_,____
~ } , q ~ s for excepti ons ~ Any applicant
requesting an exception shall submit additional materials and
information, as prescribed by the city.
~S} Performance contract: Except when it can be clearly shown that
proposed development wi 11 not encroach into the wet1 and buffer area, performance
contracts shall be required for uses within the wetland buffer sub-district that
are subject to site review. or conditional use approval . For uses subject to site
review approval , performance contracts wi 11 be required i n accordance with
section 9.fi94. For uses subject to conditional use approval, performance
contracts wi 11 be required i n accordance with section 9.12.
~9} M_sce11 aneous_ provisions.
~a} Type I buffer setbacks that are not enhanced by the
owner or developer may be enhanced i n cooperation with the owner ~ s }
by government or other non-profit agencies or organizations as part
of demonstration projects, habitat management or other programs that
are consistent with adopted plans or policies.
fib} To the extent practical, in residential zones, density
transfers shal 1 be used ~to offset restrictions on bui 1 di ng wi thi n
buffer setback areas. A density transfer is an allowance within a
given parcel or development site under one ownership to increase the
density beyond the .normal code limits, i n compensation far a
reduction elsewhere on the site required or caused by 1 acal
regulations.
Section 5. Subparagraph 9.268~a} of the Eugene Code, 1911, is amended, and
new Subparagraphs ~h~ and ~i } are added thereto, to provide:
9.268 Establishment and Desi nation of Use Districts and Sub-Districts.
In order to classify, regulate, restrict and segregate the uses of
lands and buildings, to regulate and restrict the height and size of buildings,
to regulate the area of yards and other open spaces about bui 1 di ngs, and to
regulate the density of population, the fol 1 owi ng c1 asses of use districts and
sub-districts are established:
~a} Use districts.
AG Agricultural district.
RA Suburban residential district.
R-1 low density residential district.
R-2 limited multiple family residential district.
R-3 Multiple family residential district.
R-4 High rise multiple family residential district.
C-1 Neighborhood commercial district.
C-2 General commercial district.
C-3 Major commercial di stri c~t.
ordinance - 18
C-4 Commerci a1-industrial district.
GO General office district.
H Historic district.
I -1 Special Industrial district.
I-2 Light-Medium industrial district.
I -3 Heavy industrial district.
MU Mixed~Use district.
Pl Public Land.
SD Special district.
NR Natural resource district.
~h} Wet1 and buffer sub-district. Pursuant to the wetland
buffer provisions i n section 9.264, asub-district may be created
within any district 1 i steel i n this code when considered necessary
according to the purpose stated i.n section 9.264. The sub-district
shal 1 be designated by the suffix "WB" added to the symbol of the
parent district . A11 uses permitted i n the parent gone shall be
allowable i n this wetland buffer sub-district provided they are
outside the wetland buffer area as described i n subsection 9.264.
Site plan approval based upon campl i ante with wetland buffer sub-
di stri ct provisions must be secured pri ar to appl i cati an for a
bui 1 di ng permit for development within the wetland buffer sub-
di stri ct.
~i} Waterside protection sub-district. Pursuant to the
waterside protection provisions in section 9.262, asub-district may
be created within any district 1 i steel i n this code when considered
necessary according to the purpose stated in section 9.262. The
subdistrict shall be designated by the suffix "WP" added to the
symbol of the parent district. Outside the waterside protection
area as described i n subsection 9.262, al 1 uses permitted i n the
parent zone shall be al 1 owabl e i n this waterside protection sub-
d i stri ct . Within the waterside protection area, site pi an approval
based upon compliance with waterside protection sub-district
provisions must be secured prior to application for a~building
permit for construction.
Section 6. Sections 9.300, 9.301, 9.302, 9.303, 9.304, 9.305, and 9.306
are added to the Eugene Code, 1971, to provide:
Natural Resource District
9.300 Natural Resource District.
~ 1 } Description and~pur~pos~e. The NR Natural Resource District ~NR
district } i s pri mari 1 y intended to protect water quality, native vegetation and
wi 1 d1 i fe habitat within 1 acal l y outstanding natural ~ resource areas identified i n
adopted p1 ans.
The provisions of this district are i ntended~ to implement policies i n the
Metro Plan which call for protection of native vegetation, wetlands, waterways,
wi1d1 ife habitat, rare plants and surface and ground water quality. The NR
district i s also intended to address state and federal 1 aws and pal i ci es which
regulate development within jurisdictional wetlands to protect water quality,
Ordinance - 19
including applicable provisions of the Federal Clean Water Act and the State of
Oregon's wetland laws.
The natural functions and values intended to be protected by this district
include: floodwater storage, floodwater conveyance, sediment control, erosion
control , poll ut i on control , fish and wi 1 dl i fe habitat, aquifer recharge, water
supply, native plant communities, and habitat for rare, threatened or endangered
plant and animal species. It is recognized that not all sites will exhibit all
of these functions and values.
~2} A,pplicability. The NR district applies to wetlands, water
features and other natural areas that are designated as "wetlands to be
protected" or "wetlands to be enhanced for mi ti gati an credit" on Map 3 of the
adopted West Eugene Wetlands P1 an and acquired by a publ i c agency or non-prof i t
conservation organization.
~a} The provisions of the NR di strict do not exempt a person
ar property from state or federal laws and regulations that protect
water quality, wetlands, or other natural areas . .
fib} In some cases, the NR district may overlap with the
wetland buffer sub-district or the waterside protection sub-
district. Yn these cases, only one review process is required as
follows:
1. Where the NR district and the wetland buffer sub-
district overlap, only the provisions of the NR district are
applied.
2. Where the NR district and the waterside protection
sub-district overlap, only the provisions of the NR district
are applied.
9.301 Uses Permitted Outright. In the NR district the following uses are
permitted;
~a} Removal of refuse and any f i 11 that i s i n vi o1 ati on of
1 oca1, state or federal regulations . Removal of f i 11 must be
consistent with State of Oregon Removal -Fi 11 regulations.
fib} Removal of non-native or invasive plant species included
on a 1 i st determined by the Planning Director and kept an f i 1 e at
the city.
~c} Rep1 anti ng with native plants included on a 1 i st
determined by the P1 anni ng Director and kept on f i 1 e at the city.
~d} Site management and maintenance practices, whose purpose
i s to maintain or improve natural functions and values or protect
public health and safety, and which are consistent with adopted
plans and polices, including but not 1 i mi ted to the fol 1 owi ng:
1. Removal of vegetation by non-chemical means wi thi n
a strip not to exceed 15 feet wide where a property zoned NR
district abuts private property i n any other zoning district,
only when deemed necessary by the public works director or
designee to protect human health and safety or to prevent a
nuisance.
fie} Other wetland and natural area restoration and
enhancement of natural functions and vat ues, which involve
di sp1 acement, excavation or ref ocati on of 1 ess than SO cubic yards
of earth, and which carry out the objectives of this district and
are consistent with adapted plans and policies .
Ordinance - ~D
~f} Channel maintenance to maintain stormwater conveyance
and flood control capacity as required by local policies, state and
federal regulations, or intergovernmental agreements.
9.302 Uses Permitted Sub 'ect to Site Plan Review. The following uses are
permitted within the PAR district, and are subject to the site plan
review process outlined i n sectian 9.690. For these uses, site plan approval
based upon compliance with specified natural resaurce special standards from
section 9.305 must be secured prior to the application for a bui 1 di ng permit for
development within the NR district . The natural resource special standards
specified with each use shall be applied as criteria for site plan approval for
these uses .
~a} Construction of trails, boardwalks, viewing platforms,
interpretive information kiosks and trail signs . Sub ject to natural
resource special standards ~ i } through gym} and ~o} through ~q} of
sectian 9.305.}
fib} Restoration and enhancement of natural functions and
values which involve displacement, excavation or relocation of more
than 50 cubic yards of earth and which carry out the objectives of
th i s di stri ct, including realignment and reconfiguration of channel s
and pond banks. Subject to natural resource special standards fib}
through ~i} of section 9.305.}
~c} Construct~i on of stormwater quality treatment faci 1 i ti es
that use bi of i 1 trot i on .methods, such as shat 1 ow grassy swat es,
constructed wetlands, and ponds, and which do not include adding
impervious surfaces. Subject to natural resource special standards
fib} through ~i} of section 9.305.}
I . Grassy swal es are shal 1 ow di tches 1 i ned with grass
for the purpose of f i i teri ng of sediments and other pal 1 utants
from stormwater runoff.
2. Constructed wetlands are wetlands which are
created where n0 wetland characteristics existed previously.
~d} Cvnstructi on of access roads for maintenance of
channels, wetlands and other natural resource areas. Subject to
natural resources special standards fib} through. ~f}, ~h}, ~i}, and
~o} of section 9.305. }
fie} Bi keways ~ and Other paved pathways. Subject to natural
resources special standards fib} , ~e}, ~f } , ~h} , ~ i } , and ~o} through
fir} of section 9.30.5. }~
9.303 Uses Permitted Condi ti ona11 In the NR district, the uses below
are permitted candi ti anal 1y. Conditional use permit .approval shall
be based upon conformance with natural resource special standards fib} through fit}
of section 9.305, i n addition to the Condi ti anal ~ use criteria i n section 9.702:
~a} Nature interpretive centers and wetland research
faci 1 i t i es, when specified i n or consistent with adopted plans or
policies.
fib} Maintenance facilities for storage of equipment and
materials used exclusively for maintenance of wetlands and other
natural resaurce areas .
9.304 Performance Contract. Performance contracts shall be required for
Ordinance - 21
uses within the NR district that are subject to site review or
condi ti anal use approval . For uses subject to site review approval , performance
contracts wi 11 be required i n accordance with section 9.694. For uses subject to
candi ti oval use approval , performance contracts will be required i n accordance
with section 9.722.
9.305 Natural Resources Special Standards, The following standards are
applied to activities and uses permitted within the NR district as
specified under "Permitted Uses" , "Uses Permitted Subject to Site P1 an Review"
and "Uses Permitted Conditionally" . Nat all of the fallowing standards will be
applied to all uses. These standards are also applied to parcels within the
waterside protection sub-district and the wetland buffer sub-district, as
specified i n the sections of this code which apply to those sub-districts .
~a} Buffer enhancements,
1, Plantings shat l be conducted on reduced buffers i n
conformance with the vegetation removal and planting and
replanting standards below as well as the following:
a. Reduced buffer areas shall be planted with
appropriate native tree, shrub and grass or other nan-
woody species to increase to the greatest extent
practical the capacity of the area to f i 1 ter pollutants
from stormwater which flows across the buffer area.
Where existing native vegetation already serves this
function, new plantings wi 11 augment those already
existing, unless the applicant can clearly demonstrate
that additional pl anti ngs~ wi l l not improve the f i 1 teri ng
capacity of the buffer area.
b. Plantings shall be done with species native
to the southern Willamette val 1 ey from a nati ve plant
1 i st determined by the. planning director, which are
appropriate to the site given its topography, hydrology,
soi 1, existing native vegetati an and historic native
vegetation as determined by the planning director or
designee.
c. Plantings shall not adversely affect
adjacent protected wetlands through invasion or other
effects.
2 . All refuse, taxi c materials and any fill brought
in from outside the site after August 8, 1993 must be removed
from the buffer area.
3. Where practical, finished grades shall encourage
sheet flaw of stormwater runoff across buffer areas to
maximize filtering and infiltration of stormwater runoff
within buffer areas. ~ r
4. On sites where the slope within the wetland buffer
area exceeds 15%, measures fie. g. , planting and contouring}
shall be taken to slow the flow of stormwater runoff to the
maximum extent practical.
5. ~ Non-native plants shall be removed to the maximum
extent practical and replaced with native species .
6. Buffer enhancement work shat 1 be completed prior
to or concurrent with other site development, unless
Ordinance - 22
appropriate native species are not available within that time
frame.
fib} ve etation removal.
1. vegetation removal i s 1 i mi ted to removal of
a. Non-native and invasive plant species
included vn a l i st ,determined by the planning director
and kept an f i 1 e at the city;
b. Dead or dying trees or shrubs that are an
~~ imminent danger to public health and safety as
determined by the planning director ar designee.
Removal shall only be authorized after all other
reasonable alternatives have been examined and proven
impractical , and i f the removal represents the minimum
necessary to meet the objectives of the proposed use;
c. Dead or dried native plants or grasses only
when they constitute an imminent fire hazard, as
determined by the fire marshal ;
d. Native vegetation to facilitate or encourage
the growth of other native species as called for i n
.adopted plans or policies;
e. The minimum area of native vegetation
necessary far approved uses or conditional uses or uses
allowed by an exception as specified i n sections 9.262
and 9.264.
2 . Removal of vegetation for development of permitted
uses, approved conditional uses, or development allowed by an
exception as specified i n sections 9.262 and 9.264, shat i be
the minimum necessary for the proposed use.
3. Clearing of more than 0.1 contiguous acre of
vegetation on slopes greater than 5°/~ must be either:
a. Conducted between April 15 and October l5,
or
b. Preceded by approval of an erosion and
sedimentation control plan by the planning directors
which must be implemented throughout the ci eari ng
process.
4. Clearing of vegetation that is not in preparation
for development must be followed by replanting in accordance
with the requirements of this section.
5. Removal or destruction of rare, threatened or
endangered plant species i s restricted ~ see Prohibited
practices provisions of the NR district, WB wetland buffer
sub-district and WP waterside protection sub-district. }
~ c } P1 ant i n and re 1 ant i n .
1. Replanting of areas cleared of existing vegetation
as required i n this section must be conducted within 9a days
fol 1 owi ng the removal or clearing, unless otherwise approved
by the planning director.
2. Planting and replanting with seed shall be timed
so that germination occurs prior to November 15, unless the
germination requirements of the seed require otherwise, i n
which case germination shat 1 be accomp1 i shed at the earliest
Ordinance - 23
date practical.
3 . P1 anti ng and replanting shall be done with native
species from a 1 i st determined by the p1 anni ng director and
kept on f i 1 e at the city.
~d} Stormwater drains qe.
1. 5tormwater runoff that is discharged into
protected wet1 ands or water bodies from parking 1 ots, streets,
and other impervious areas bearing motorized vehicle traffic
or machinery shat l be treated on site, prior to discharge into
waters of the state to maintain or improve water quality.
Treatment may include i of i 1 trati on devices, grassy swal es,
treatment ponds or other approved methods.
~. Runoff from impervious areas used for repair,
c1 eani ng~, refueling or servicing of vehicles or machinery
shal 1 be treated on site to remove of 1, grease and other
chemicals .
3 . New deve1 opment shal 1 ut i 1 i ze measures to 1 i mi t
post-construction runoff rate, timing and volume to pre-
development levels to the maximum extent practical. These
measures may include on-site detention or retention ponds,
i of i 1 trot i on areas or other approved measures .
4. Porous paving treatments shall be used where
practical. As used here, the term "porous paving" refers to
recognized systems utilizing paving blocks ~e.g.,
"grasscrete"}.~ For the purposes of this provision, gravel
surfaces are not acceptable.
fie} Impervious surfaces.
Impervi aus surfaces are prohibited un1 ess they are
part.af a permitted use or approved conditional use.
2. Impervious surfaces that are necessary for
permitted uses or approved conditional uses must be no larger
than the minimum necessary for the proposed use and must be
1 ocated as far from wetlands and water features as practical .
~f} Construction ractices.
1. Within the NR district and wetland buffer areas,
construction or other use of heavy machinery is prohibited as
described below. Heavy machinery i s defined as mvtvri zed or
mechanized machinery or equipment capable of deliberately or
inadvertently damaging vegetation, compacting soil, moving
earth ar causing excessive noise or heavy vibrations through
its use. Use of heavy machinery is prohibited:
a. Between February 20 and June 30 within 3oa
feet of any significant waterfowl nesting areas
identified i n adopted p1 ans or policies or by the Oregon
Department of Fish and Wildlife.
b. Between May 1 and August 30 within 300 feet
of any significant shorebird and wading bird nesting
areas identified in adopted plans or policies or by the
Oregon Department of Fish and Wildlife.
2. Stockpi 1 es or storage of wood and other bui 1 di ng
materials or machinery are prohibited within wetland
boundaries, wets and buf fer ~ areas and waterside protection
Ordinance - 24
areas.
3. Petroleum products, chemicals, sediment, eroded
soi 1 or other deleterious materials used i n the construction
process shall not be allowed to enter the water or wetland
during construct i an .
4. Use of heavy equipment or machinery shall be the
minimum necessary for the use or activity and shal 1 be
restricted to those areas where i t i s necessary.
fig} Landform character. Grading and excavating conducted as
part of restoration or enhancement projects, and bank and channel
reconfiguration must result i n topography that resembles the natural
undulations, meanders and slopes found i n 1 andscapes shaped only by
natural processes. For the purposes of this standard, straight
lines and geometric or angular shapes are not acceptable. Channel
and stream bank slopes shall nat exceed 25%.
F i i n rad i,ng ,,,,an,d,,,,,,,e,x~,,,,._~
~ } g, g avatinp. These activities shall
occur between Apri 1 15 and October l5, unless the planning director
authorizes an exception based on dry weather conditions or
overriding public need. Exceptions granted for reasons other than
dry weather conditions shall require approval of an erosion and
sedimentation control plan by the pi ann i ng director prior to
commencement of earth moving activities, and this plan must be
implemented throughout the activity.
~i} Dis~,osal.sites. Waste materials, brush and spoils from
clean-up operations or excavati an shat 1 be placed vutsi de wetland
boundaries, wetland buffer areas and other natural areas designated
for protection in an adopted p1 an or palicy.
~j} Structure valor.
1. Within the NR district and within wetland buffer
areas, all finished structures must be i n natural earth tone
colors, unless otherwise required by local, state ar federal
1 aw or regu 1 at i on .
2. Within waterside protectian areas, all finished
structures or bui 1 di ng facades which face a cl ass A or B
stream or pond must be i n natural earth tone col ors, unless
otherwise required by local, state or federal law ar
regulation,
~ k} Baardwal ks v i ewi n 1 atforms inter ~ret i ve information
kiosks trail and inter retive si ns. Construction of these
structures shall involve the 1 east removal of native vegetati an
practical . Signs shall be no more than five feet tall , and 16
square feet per face in surface area, except for signs intended to
be read from moving automobiles, such as site entrance signs, which
shall be no more than eight feet tall and 32 square feet per face in
surface area. Kiosks shall be no more than eight feet tall and 16
square feet per face i n surface area.
~1 } Trai 1 s. Trai 1 s shal ~ be constructed of gravel , wood
chips or soil, unless otherwise approved by the planning director.
Trai 1 canstructi on shat 1 i nval ve the 1 east removal of native
vegetation practical and shall i nvo1 ve the 1 east amount of f i 1.1 or
excavation practical .
gym} Building height. Building height is 1 invited to 30 feet
Ordinance - 25
or the height limit of the parent district, whichever is less. If
there i s no specified height 1 i mi t i n the parent district, bui 1 di ng
height shall be 1 imi ted to 30 feet.
fin} No-,~ i~se. For inventoried sites that recei ved a Wi 1 dl i fe
Habitat Rating of greater than 60 in the Metropolitan Natural
Res0urces Inventory Lev, I990} and sites designated as high value
wetlands i n the wetland buffer pravi si ans of this code, noise
generated by uses within the NR district and the wetland buffer sub-
district has measured at the wetland boundary} and within the
waterside protection sub-district has measured at the top of the
high bank} shall not exceed the standards for residential properties
specified in section 9.644.
~o} Stream and channel crossin s. Bridges or ether
structures that cross water features must be constructed so that
water f 1 ow, vegetation growth and movement of aquatic animals and
water dependent wildlife are impeded to the least extent practical.
To meet this standard, bridges and crossings shall include, but are
not limited to, applicable items from the following list:
I. Crossings must. utilize bridges or natural
substrate culverts where passible.
2. Cut verts must not substantially increase or
decrease water depth or flaw rate conditions.
3. Bridges and culverts shall be constructed so that
there i s at 1 east three feet clearance between the ordinary
high water mark and the underside of the bridge or cui vert.
4. The lower lip of any culvert must meet the stream
or channel bed at grade. .
5. Culverts shall be the minimum length practical.
gyp} Li htin . Area lighting must be aimed away from
resource areas where poss i b1 e, and otherwise must be aimed such that
light shining an natural resource areas is minimized to the maximum
extent practical. Area lighting is outdoor lighting designed to
i l l umi Hate an activity area, trai 1 or bicycle path.
~q} Public access. Access for the general public must be
consistent with adapted policies or plans which address public
access on specific sites.
fir} Location of structures. New buildings, roads and other
new impervious surfaces associated with interpretive centers or
wetland maintenance foci 1 i ti es shal 1 be 1 ocated outside boundaries
of wetlands identified for protection i n adopted plans and policies
to the maxi mum extent practical .
~s} Mitigation site buffers. When low value wetland sites
within the NR district are restored or enhanced for mitigation
credi t, a 25 foot buffer shat 1 be maintained around the perimeter of
the mitigation area, but within the j uri sd i ct i anal .wetland boundary.
All provisions for permitted uses, conditionally .permitted uses,
prohibited practices and applicable special standards that apply to
wetland buffer areas as specified i n section 9.264 shat 1 apply to
mitigation site buffers.
fit} Site__layaut. High activity areas, including traffic
lanes, loading docks, and group gathering areas must be 1 ocated as
far away from wetlands, water features and other protected natural
Ordinance - 26
areas as i s practical .
9.306 Prohibited Practices , Practices that are not specifically allowed
under sections 9.301, 9.302 or 9.303, and that would adversely affect
water quality or damage wi 1 dl i fe habitat, are prohibited within the NR district,
including, but not 1 imi ted to, the following:
~a} Storage of chemical herbicides, pesticides or
fertilizers or other hazardous or toxic materials.
fib} Deposition or dumping of any material imported from off-
si te, except far soils or soi 1 amendments used for replanting i n
accordance with provisions of this section.
~c} Construction of new septic drainfields.
~d} Channelizing or straightening natural drainageways.
fie} Off-road .operation of vehicles, except for those
employed i n site restoration or site maintenance practices during
the dry season and bicycles when used on designated trails.
~ f } Removal or destruction of rare, threatened or endangered
plant species un1 ess a recovery plan i s submitted by the applicant
and adopted by the city, following review by the Oregon Department
of Agriculture and the U. S. Fish and Wildlife Service.
~g } Fi 11 i ng, grading, excavating, depos i t i an of soil s
imparted from off -site, and appl i cati an of chemical herbicides,
pesticides and fertilizers are prohibited unless they:
1. Are directly ref ated to a use permitted i n thi s
zoning district.,
~. Address an imminent threat to public health and
safety, or
3. Result in enhancement of water quality, and
enhancement or maintenance of stormwater conveyance capacity,
flood control capacity, groundwater discharge and recharge
capacity and wildlife habitat.
Section 1, Subsections 9.fi90~3} and 9.fi90~4} ~a} of the Eugene Code, 1971,
are amended, to provide: .
9.690 Site Plan Review Procedure,
~3} Professional services. Prior to making a decision, the planning
director may require an applicant to empl oy a l i censed architect, 1 andscape
architect, engineer ar other specialist i f one or more of those professional
services is required for compliance with criteria far approval cited in 9.690
~~}•
~4} Planninq_director_decision
~a} Unless the applicant agrees to a l onger time period, the
p1 anni ng director shall approve, conditionally approve, or deny the
site plan within 30 days of receipt of a compl ete and accurate
appl icatian, Approval far applications within the site review
subdistrict shall be based on section 9.688 criteria, and
particularly when applicable, those criteria addressed at the time
ordinance - Z7
of site review subdistrict rezoning. Approval for applications
within the waterside protection subdistrict shall be based on the
criteria contained in section 9.Z6Z. ,Approval .far applications
within the wetland buffer subdistrict shall be based on the cri teri a
contained i n section 9. Zfi4. Approval for applications within the NR
natural resources district shat i be based on the criteria contained
in sections 9.300 through 9.305.
Section 8. Section 9.126 is added to the Eugene Code, 1911, to provide:
9.126 Conditional Use Permits within the Natural Resource District ar
Wetland Buffer Subdistrict.
~ 1 } Pur ose. This classification of condi t i anal use i s pravi ded
i n order to foci 1 i tote sped a1 review of certain uses within the Natural Resource
District ar the Wetland Buffer Subdistrict. It is intended to implement pot ivies
and recommendations included i n the adopted West Eugene Wetlands P1 an.
~Z} Criteria__for heari,,,ng,s,,,,,,,,vfficial approval. Applications for
coed i t i anal use permits within the Natural Resource District or Wetland Buffer
Subdistrict shall be processed and scheduled for public hearings in the same
manner as other conditional use permit applications, except that natural
resources special standards fib} ~thraugh fit} listed in section 9.305 shall be
considered as additional criteria along with the criteria listed in section
9.702.
~3} Contract. The conditions and design requirements established
by the hearings official for conditional use permits granted within the Natural
Resources District or the Wetland Buffer Subdistrict shall be incorporated in a
contract between the city and the app1 i cant. ~ .
~4} A eals. The applicant, or any interested party, may appeal
the decision of the hearings official i n the same manner as appeals from actions
of the hearings official for other conditional use permits.
Section 9. The City Recorder, at the request of, or with the concurrence
of the City Attorney, may administratively correct any reference errors contained
herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended or repealed herein.
Passed by the City Council this
Z4th day of April, 1995
~~~ ~ ~ ~,
City Reco der
Approved by the Mayor this
24th day of April, 1995
Mayor
Ordinance - ZS