HomeMy WebLinkAboutOrdinance No. 20028ORDINANCE No. 20028
AN oRDINANCE CORRECTING SECTIQNS 9.262 AND 9.264 OF THE
EUGENE CODE , 1971.
THE CITY OF EUGENE DIES ORDAIN AS FOLLOWS:
Section 1. Subsection (3)(b) of Section 9.262 of the Eugene Code, 1971,
is amended to provide:
9.262 W r i e Pr i n Pr vision .
~ 3 7 Waterside „p,rotect„~,.on 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 developed
prior to adoption of this section of the cade are excluded from waterside
protection areas . For the purposes of this subsection , development means
bui 1 di ngs 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 exc1 usi on for developed areas as described above. The
three components of the waterside protection area are described and defined
below:
fib) Buffer setback areas measured horizontally from one of two
physical features
1. Where possible, 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 fall ows
MINIMUM BUFFER SETBACKS FROM TOP OF BANK
Water Feature Buffer Setback
Perennial , within fl oodway 64 feet
Perennial , outside fl oodway 40 feet
Intermittent or seasonal ZD feet
2. I f the top of the high bank i s not identifiable,
the buffer setbacks are measured horizontal 1y from the 1 i ne of
ordinary high water. In a gi ven stream, pond, or other water
ordinance ~ I
body, the line of ordinary high water is the line on the bank
or shore to which seasonal high water rises annually.
Identified in the field by physical characteristics that
include one or more of the following: (a) a clear, natural
line impressed on the bank, (b) changes in the characteristics
of soil. (c) the presence of water-borne litter and debris.
(d) destruction of terrestrial vegetation. If reliable water
level data are available for three or more consecutive
previous years, the line of ordinary high water can be
considered the mean of the highest water level for all years
for which data is available. Buffer setback distances
measured from the line of ordinary high water are as follows:
MINIMUM BUFFER SETBACKS FROM ORDINARY HIGH WATER LINE
Water Feature
Buffer S„,-t~back
Perennial, within floodway 75 feet
Perennial, outside floodway 50 feet
Intermittent or seasonal 25 feet
Section 2. Subsection (3) of Section 9.264 of the Eugene Code, 1971, is
amended to provide:
9.264 W te, a ~. signs.
1 n ,,.Buff~,r Pr~vi
~3~ W t,~„~ ~ bu,ffer.,,~~,reas . Wetland buffer areas shall consist of
the area between the jurisdictional wetland boundary accepted by the Oregon
Division of State Land and the U . S . Army Corps of Engineers and the wetland
buffer setback 1 i ne as specified i n this subsection . Standard wetland buffer
setback distances are determined by the vat ue category of the adjacent wetland,
and whether ar not the buffer setback area i s enhanced . Wetland va 1 ue categories
are defined according to the criteria contained i n the West Eugene Wet1 ands P1 an .
Areas developed prior to adoption of this section of the code are excluded from
wet1 and buffer areas . For purposes of this subsection , development means
bui 1 di ngs and other substantial structures , i nc1 udi ng paved or gravel parking
areas . For the purposes of this subsection, fences and 1 andscapi ng are not
sufficient to warrant exclusion of developed areas as described above.
i n The City Recorder, at the request of , or with the concurrence
Ordinance - 2
of the City Attorney, may admi ni strati veiy correct any reference errors contained
herein or i n other provisions of the Eugene Cade, 1911 ~ to the provisions added
amended or repealed herein.
Passed by the City Counci ~ thi s
13th day of November, 1995
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City Rec der
Approved by the Mayor this
13th day of November, 1995
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Mayor
ordinance - 3