(a) Improve the quality and appearance of development in the city.

(b) Ensure that such development is complementary to the community as a whole.

(c) Encourage crime prevention through environmental design, decrease opportunity for crime, and increase user perception of safety.

(d) Increase opportunities for use of alternative modes of transportation.

(e) Promote streetscapes that are consistent with the desired character of the underlying commercial zones.

(f) Promote safe, attractive, and functional pedestrian circulation systems in commercial areas.

(a) Application of Standards. The General Standards for All Development in EC 9.6000 through EC 9.6885, the special standards for specific uses in EC 9.5000 through EC 9.5850, as well as all development standards in the applicable base zone apply within this overlay zone. In the event of a conflict between the development standards, the specific provisions of EC 9.4085 through EC 9.4090 shall control. The /BW standards in this section only apply to:

(b) Adjustment. The development standards in EC 9.4085(2) through (9) may be adjusted in accordance with the criteria for adjustment of standards within the Downtown Plan Area at EC 9.8030(16).

(c) Nonconforming Uses. Notwithstanding EC 9.1220(3), a legally established use that does not conform to the allowed uses for the /BW Broadway Overlay Zone may expand its square footage by up to 30% of the area occupied by the use on November 25, 2002.

(a) Car washes.

(b) Parts stores.

(c) Recreational vehicle and heavy truck, sales/rental/service.

(d) Motor vehicle and motorcycle sales/rental/service.

(e) Service stations, includes quick servicing and automobile repair.

(f) Tires, sales/service.

(g) Transit park and ride, major or minor, except under a shared parking arrangement with another permitted use.

(h) Lots or parcels used exclusively for parking.

(i) New drive-through facilities.

(a) Agricultural machinery rental/sales/service.

(b) Boats and watercraft sales and service.

(c) Equipment, heavy, rental/sales/service.

(d) Manufactured dwelling sales/service/repair.

(a) Create electrical interference with the navigational signals or radio communication between the airport and aircraft;

(b) Make it difficult for pilots to distinguish between airport lights and others;

(c) Result in glare in the eyes of pilots using the airport;

(d) Impair visibility in the vicinity of the airport;

(e) Create bird strike hazards, or

(f) In any way otherwise endanger or interfere with the landing, take-off, or maneuvering of aircraft intending to use the airport.

Runways 16L-34R and 16R-34L Approach Sectors. Runway 16R-34L is an existing, precision instrument runway. Runway 16L-34R is a future precision instrument runway. The inner edge of both of their approach sectors coincide with the width of the runway primary surfaces and are 1000 feet wide. The approach sectors expand outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surfaces. Their centerlines are a continuation of the runway centerlines beginning at the centerpoint coordinates. The surfaces of the Runway 16L-34R and Runway 16R-34L approach sectors slope 50 feet outward for each 1 foot upward beginning at the end of and at the same elevation as the primary surfaces and extend to a horizontal distance of 10,000 feet along the extended runway centerlines; thence slope upward 40 feet horizontally for each 1 foot vertically to an additional horizontal distance of 40,000 feet along the extended runway centerlines.

Horizontal Sector. The horizontal sector encompasses the area obtained by swinging arcs of 10,000 feet radii from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. However, the horizontal sector does not include the approach and transition sectors. The surface of the horizontal sector is a horizontal plane that is 515 feet above mean sea level. That is 150 feet above the airport elevation.

Conical Surface. The surface of the conical sector extends at a slope of 20 feet outward for each foot upward from the periphery of a horizontal surface for a horizontal distance of 4,000 feet. It begins 150 feet above the airport’s elevation and extends to a height of 350 feet above the airport’s elevation.

(a) Demonstration of compliance with EC 9.7007 Neighborhood/Applicant Meetings. Developments that require multiple applications may convene a single neighborhood/ applicant meeting to address all materials; and

(b) A pre-clearance letter issued by the Lane Regional Air Protection Agency (LRAPA) confirming that the proposed use and associated operations have the ability to meet air quality standards with appropriate control technologies and mitigation measures. The LRAPA pre-clearance letter does not constitute formal approval of the use by either LRAPA or the City of Eugene.

(a) Single Business. Development shall be limited to a single business per tax lot (tax lots shown on Figure 9.4170 or subsequently created as permitted by the lot standards in EC 9.4170).

(b) Lighting. The proposed use shall comply with the Outdoor Lighting standards in EC 9.6725.

(c) Indoor Activity. For development located south of Clear Lake Road only, manufacturing operations of the proposed use shall be conducted indoors.

(a) Odors and Emissions. Emission of smoke, dust, fumes, offensive odors, or gases associated with the proposed use will not be noticeable at the property line by a human observer relying on human senses without the aid of a device. Additionally, the permit requirements of the State and/or LRAPA will remain applicable.

(b) Vibration. Uses are operated so that any generated ground vibrations – continuous or recurrent – will not be perceptible, without instruments, at any point along the property boundary within which the proposed use is located.

(c) Noise. The proposed use will comply with the Environmental Noise Disturbance standards in EC 6.750. In addition to the standards therein, measurements of the 60 dBA limitation shall also be applicable along property lines of adjacent, affected public lands (i.e., schools, public parks).

(a) Asphalt mixing and batching.

(b) Chemical products manufacturer (includes synthetic fertilizers).

(c) Chrome and nickel plating.

(d) Cleaning and dyeing plant.

(e) Correctional facility, excluding residential treatment center.

(f) Concrete, gypsum, and plaster products manufacturer.

(g) Dry cleaner.

(h) Garbage dump, sanitary land fill.

(i) Mineral resource mining, recovery, stockpiling, processing (including smelter or ore reduction).

(j) Paper mill (conversion of raw material, i.e., pulp to paper).

(k) Petroleum/fuel refining and re-refining.

(l) Race track, including drag strip and go-cart tracks (not including indoor uses).

(m) Rubber and plastic products manufacturer (includes tire manufacturing and re-tread operations).

(n) Wood preservation.

(o) Wood biomass-fueled cogeneration facility.

(p) Wastewater (sewer) treatment facility (not including industrial pre-treatment facilities).

(q) On land designated Campus Industrial by the comprehensive plan, the following uses are also prohibited:

(a) The standards at EC 9.4165(2) through (3) may be adjusted in accordance with EC 9.8030(36).

(b) Even if adjustment would be allowed in the base zone, the stormwater standards in EC 9.6790 through 9.6797 are not eligible for adjustment in the /CL Clear Lake Overlay Zone.

(a) Structured parking.

(b) Broadcasting studios including commercial and public education.

(c) University and college dormitories.

(d) Fraternities and sororities.

(e) Hospitals.

(f) Retail use requiring a Transportation Impact Analysis.

(g) Manufacturing and assembly uses.

(h) Arenas.

(i) Heliports and helistops.

(j) Recycling and large collection facilities.

(k) Recycling scrap and dismantling yards.

(l) Race tracks, including drag strips and go-cart tracks.

(m) Sewage treatment plants.

(n) Correctional facilities.

(o) Parking lots exceeding 100 spaces.

(p) Service stations.

(q) Mineral resource mining.

(r) Blood banks.

(s) Plasma centers.

(a) New development on vacant land.

(b) New structures on redevelopment sites, such as conversion of a parking area to a building or demolition of a building and construction of a new building.

(c) A proposed expansion of 30% or more of the total existing structure square footage.

(a) Motor Vehicle Related Uses.

(b) Trade (Retail and Wholesale).

(a) Except for the Downtown Plan Area as shown on Map 9.2161(6) Downtown Plan Map, no use may include a drive-through facility, unless explicitly permitted in a refinement plan. Within the Downtown Plan Area:

(b) No new building designed to be occupied by retail uses may exceed 50,000 square feet of building area on the ground floor and only one such new building on the development site may contain 50,000 square feet of building area on the ground floor.

(a) Where the base zone is R-1 or R-1.5, new subdivisions shall achieve a minimum residential density of 8 units per net acre. Minimum residential density in R-2 shall be 15 units per net acre; in R-3 it shall be 25 units per net acre; and in R-4 it shall be 30 units per net acre.

(b) Where the base zone is C-1, C-2, C-3, or GO, the /TD standards in EC 9.4530 shall apply, except that the minimum floor area ratio (FAR) shall be 1.0 FAR (1.0 square feet of floor area to 1 square foot of the development site).

(c) Where the base zone is E-1, E-2, I-2, or I-3, the /TD standards in EC 9.4530 shall apply, except that the minimum floor area ratio (FAR) shall be .40 FAR (.40 square feet of floor area to 1 square foot of the development site).

(a) Buildings shall be set back a maximum of 15 feet from the street. There is no minimum setback, except as required by EC 9.2170(4)(b).

(b) Where the site is adjacent to more than one street, a building is required to meet the above maximum setback standard on only one of the streets.

(a) Automobile parking, driving, and maneuvering areas shall not be located between the main building(s) and a street.

(b) For a development site that abuts a street, parking may be located at the rear of the building or on 1 or both sides of a building when at least 60 percent of the site frontage abutting the street (excluding required interior yards) is occupied by a building and/or an enhanced pedestrian space with no more than 20 percent of the 60 percent in enhanced pedestrian spaces, as described in EC 9.4530(3)(c).

(c) For purposes of determining the percent of site frontage, the building or enhanced pedestrian space shall be within 15 feet of the street.

(d) For a development site with frontage on more than one street, these standards only apply along one street frontage.

(a) Buildings shall be set back a maximum of 15 feet from the street. There is no minimum setback, except as required by EC 9.2170(4)(b).

(b) Where the site is adjacent to more than one street, a building is required to meet the above maximum setback standard on only one of the streets.

(a) Buildings fronting on a street must provide a main entrance on the facade of the building that is within the 15 foot maximum street setback facing the street. A main entrance is the principal entry through which people enter the building. A building may have more than one main entrance. (Refer to Figure 9.4530(2) Building Orientation in /TD Areas.)

(b) Buildings having frontage on more than one street shall provide at least one main entrance oriented to a street with transit facilities, or to the corner where two streets intersect.

(a) The total minimum floor area of buildings on a lot within the core /TD area as shown on Map 9.4510 Transit Oriented Development Overlay Zone shall not be less than 2 square feet of floor area to 1 square foot of the lot (2.0 FAR). The total floor area of any building on a lot within the /TD area outside that core area shall not be less than 0.65 square feet of floor area to 1 square foot of the lot (0.65 FAR). (See Figure 9.4530(3) Floor Area Ratio Calculation).

(b) Major transit facilities, existing development and expansions of existing development are exempt from FAR requirements.

(c) At-or-below-grade parking within the building’s footprint and areas used for enhanced pedestrian spaces and amenities accessible to the public may be credited to satisfy the minimum floor area requirement. Credit for pedestrian spaces and amenities shall be applied at the rate of 2 square feet of floor area for each 1 square foot of enhanced pedestrian space. Enhanced pedestrian spaces and amenities include plazas, arcades, sheltered or recessed entries, galleries, courtyards, outdoor cafes, and widened public sidewalks (more than 6 feet wide outside of the public right-of-way), with benches, shelters, street furniture, public art, kiosks, or space for outdoor vending.

(d) The building and permit services manager shall allow basement areas to be calculated as part of the gross square footage of the building, for purposes of calculating floor area ratio, if the basement is designed and constructed as permanent underground parking, office or retail use.

(a) Automobile parking, driving, and maneuvering areas shall not be located between the main building(s) and a street.

(b) For a development site that abuts a street, parking may be located at the rear of the building or on 1 or both sides of a building when at least 60 percent of the site frontage abutting the street (excluding required interior yards) is occupied by a building and/or an enhanced pedestrian space with no more than 20 percent of the 60 percent in enhanced pedestrian spaces, as described in EC 9.4530(3)(c).

(c) For purposes of determining the percent of site frontage, the building or enhanced pedestrian space shall be within 15 feet of the street. (See Figure 9.4530(6) Parking Between Buildings and the Street in /TD Area.)

(d) For a development site with frontage on more than one street, these standards only apply along one street frontage.

(a) Key urban services are not located within 300 feet of the site.

(b) Execution of an annexation agreement as provided in EC 9.4640.

(c) Lane County approval of and certification that any proposed on-site sewage disposal system meets applicable state standards and that the system will not restrain the property’s conversion to planned urban density and use in the future.

(a) Any zone change or planned unit development approval if the development potential of the existing lot(s) would increase, or the proposed or allowable uses will generate, singly or in the aggregate, a direct additional need for key urban facilities and services.

(b) Approval of any new dwelling unit(s), commercial or employment and industrial development.

(c) Approval of an expansion of an existing commercial or employment and industrial development if the proposed use will generate, singly or in the aggregate, a direct additional need for key urban facilities and services provided by the city.

(a) Agricultural uses.

(b) Management, growing, and harvesting of forest products, including Christmas trees, but excluding primary timber processing operations or vehicle equipment maintenance facilities.

(c) Sale of agricultural products and livestock grown or raised on the premises.

(d) Sales stands of up to 300 square feet for agricultural products not grown or raised on the premises.

(e) One single-unit home or 1 mobile home per lot in conjunction with a farm use or the management, growing, or harvesting of forest products.

(f) Home occupations.

(g) A single temporary dwelling installed with a temporary manufactured dwelling hardship permit.

(h) Public infrastructure necessary for the area and allowed pursuant to a city-approved legal agreement.

(i) Pump stations, well heads, non-elevated reservoirs, and other water or sewer facilities.

(a) The annexation shall be contingent upon the city being contiguous to the area proposed to be annexed. For purposes of applying this paragraph, a property is not considered contiguous to the city unless it is contiguous to the main incorporated area of the city.

(b) The annexation shall be contingent upon the city’s ability to provide key urban facilities and services listed in the comprehensive plan to the area proposed to be annexed.

(a) Any land divisions when lots or parcels created will be less than the minimum parcel sizes specified for the lots or parcels prior to the land division.

(b) Any zone change or planned unit development approval.

(c) Any development permit for a new land use or a reconstruction, conversion, alteration, relocation or expansion of an existing use, if the proposed use will generate, singly or in the aggregate, any additional need for an urban facility or service of a type then supplied to any user by the city.

(a) Sales stands of up to 300 square feet for agricultural products not grown or raised on the premises.

(b) One single-unit home or 1 manufactured dwelling per lot in conjunction with a farm use or the management, growing, or harvesting of forest products.

(c) Home occupations.

(a) Where the /WP overlay zone and the NR zone overlap, only the provisions of the NR zone are applied.

(b) Where the /WP overlay zone and the /WB overlay zone overlap, only one site plan review process is required. This review will address the provisions of both zoning overlays. The /WB provisions shall be applied to wetlands mapped and designated for protection in local plans and policies. The /WP provisions shall be applied to any other water features on the lot that are mapped and designated for protection in an adopted plan, policy or inventory.

(a) The specific development is to be constructed upon fill that is authorized under an approved wetland fill permit from both the Oregon Division of State Lands and the U.S. Army Corps of Engineers.

(b) The fill is consistent with the goals and policies of the West Eugene Wetlands Plan including the designations on Map 3 of the Plan, or the provisions of EC 6.650 through 6.670.

(c) The applicant provides written documentation from the permitting agency that shows any mitigation requirements specified in the permits have been substantially satisfied.

(a) Where possible, the buffer setback is 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:

(b) If the top of the high bank is not identifiable, the buffer setbacks are measured horizontally from the line of ordinary high water. In a given stream, pond, or other water 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) 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 land use code “wet area species” are those species listed as “facultative,” “facultative wetland,” or “obligate wetland” species in the most recent U.S. Fish and Wildlife Service “list of plant species that occur in wetlands” for the Eugene area. Where large forested areas adjoin a water feature, only that portion which contains wet area species is considered riparian.

(b) The city shall maintain maps of regulated riparian areas, and make them available to the public. These maps will be used to identify the extent of the riparian area unless the applicant can demonstrate through detailed inventory information (including maps showing the location and species of vegetation growing in the disputed area) that the city’s maps are in error.

(a) Removal of refuse and any fill that is in violation of local, state or federal regulations. Removal of fill must be consistent with State of Oregon Removal-Fill regulations.

(b) Removal of non-native or invasive plant species included on a list approved by the planning director and kept on file at the city.

(c) Planting or replanting with native plants included on a list approved by the planning director and kept on file at the city.

(d) Construction of channel maintenance access roads or pathways and channel maintenance practices used to maintain stormwater conveyance and flood control capacity as required by local policies, state and federal regulations, and intergovernmental agreements.

(e) Removal of vegetation by non-chemical means within a strip not to exceed 15 feet wide where a publicly owned property within the /WP overlay zone abuts private property that is not within a /WP area, and only when deemed necessary by the public works director to protect human health and safety or to prevent a nuisance.

(a) Realignment and reconfiguration of channels and pond banks. Subject to EC 9.2530 Natural Resource Zone Development Standards (2), (3), and (5) through (9).

(b) Construction of stormwater quality treatment facilities that do not include adding impervious surfaces and that use biofiltration methods, such as shallow grassy swales, constructed wetlands, or ponds. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (9).

(c) Construction of public improvements (including but not limited to streets, sanitary and storm sewers, bridges, bikeways, pedestrian paths, maintenance access roads and public utilities) required by this land use code or specified in adopted plans. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (10), and (13) through (19).

(d) Maintenance of existing utility easements to maintain access and promote safety, and as required by local policies, state and federal regulations, and intergovernmental agreements. Subject to EC 9.2530 Natural Resource Zone Development Standards (2), (3), and (5) through (9). Utility companies shall submit to the city a notice of easement maintenance activities within the /WP area describing the nature and extent of the activities 15 days prior to commencing the activities.

(e) Wetland or riparian area enhancement, restoration or creation activities that are consistent with adopted plans and policies, including construction of stormwater quality treatment facilities that use biofiltration methods, such as shallow grassy swales, constructed wetlands, and ponds. Subject to EC 9.2530 Natural Resource Zone Development Standards (2) through (9).

(f) Wetland, stream and riparian enhancement and restoration within the /WP overlay zone shall be exempt from the site review requirements of this subsection (3) if the proposed activity is authorized:

(a) Are directly related to a use permitted in the waterside protection area,

(b) Address an imminent threat to public health and safety, or

(c) 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.

(a) The provisions of this overlay zone in conjunction with other city regulations, and circumstances peculiar to the property not self-imposed by the applicant, would prohibit any viable economic use of the property.

(b) The /WP area as set forth in EC 9.4720 Waterside Protection Areas, occupies more than 33 percent of the development site area.

(a) Where practical, relax other setbacks in order to accommodate buffer setbacks as defined in EC 9.4720 Waterside Protection Areas.

(b) If no economically viable use is feasible under (2)(a), relax /WP overlay zone requirements applicable to riparian areas as defined in EC 9.4720 Waterside Protection Areas, outside buffer setback areas. In this instance, enhancement of riparian vegetation within the buffer setback area shall be required consistent with applicable provisions from EC 9.2530 Natural Resource Zone Development Standards.

(c) If no economically viable use is feasible under ((2)(a) or(2)(b), reduce the buffer setback area to the minimum extent necessary to accommodate the development. In this instance, enhancement shall be required within the remaining buffer setback area consistent with applicable provisions from EC 9.2530 Natural Resource Zone Development Standards.

(d) If no economically viable use is feasible under (2)(a), (2)(b), or (2)(c), allow alteration of the water feature(s) to the minimum extent necessary to accommodate the development. In this instance, restoration and enhancement of the affected water feature(s) shall be required consistent with applicable provisions from EC 9.2530 Natural Resource Zone Development Standards.

(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

(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;

(d) Provides a drainage function for surface runoff from land areas beyond a roadway; and

(e) If a ponded area, has an inlet and outlet drainage function.

(a) As depicted on the Water Quality Waterways Map, the /WQ Management Area is comprised of both the waterway channel, which for purposes of EC 9.4770 through 9.4790, and 9.8030(25), means the area between the top of high banks on each side of the waterway, and the applicable setback, as described in (b) or (c) below.

(b) For a waterway identified on the Water Quality Waterways Map as a waterway identified pursuant to section 303(d) of the federal Clean Water Act, or a tributary to such a waterway, the applicable setback is 25 feet from top of high bank (THB). For purposes of EC 9.4770 through 9.4790 and 9.8030(25), THB is the highest point at which the vertical rise of the waterway bank meets the horizontal grade of the adjoining topography.

(c) For waterways identified on the Water Quality Waterways Map as headwater streams, the applicable setback is 40 feet from the waterway’s centerline.

(d) The procedures used for mapping these setbacks on the Water Quality Waterways Map shall be more particularly described in an administrative rule adopted by the city manager in accordance with EC 2.019 City Manager – Administrative and Rulemaking Authority and Procedures.

(a) The lot was created pursuant to a planned unit development, subdivision, partition or property line adjustment application described in EC 9.4780(2)(i)(2);

(b) Unless precluded by (2)(d) below, the reduction in setback shall result in the /WQ Management Area constituting 33% of the lot area, alone or in combination with a /WR Conservation Area; and

(c) The new boundary shall be located:

(d) In no case shall the setback boundary be located within the waterway channel.

(a) Those areas which the applicant has shown to have been developed prior to June 10, 2009. For purposes of this subsection, “developed areas” are those within the physical ground surface footprint of a legally constructed:

Fences and landscaping do not cause an area to be “developed” to warrant exclusion from the /WQ Management Area. All other uses and structures that were legally established prior to June 10, 2009 but that do not comply with the allowed uses and standards of the /WQ Overlay Zone are subject to EC 9.1200 through EC 9.1240 Legal Nonconforming Situations; and

(b) Any land that is included in a:

(a) The uses permitted on portions of a lot located outside of the /WQ Management Area are the same as those otherwise permitted on that lot without consideration of the /WQ Water Quality Overlay Zone; and

(b) Prior to issuance of a development permit, the city shall verify that the /WQ Management Area setback has been accurately demarcated by a prominent and continuous protective feature indicating a “No Disturbance Area.” No site preparation, including but not limited to vegetation removal, may take place within 50 feet of the /WQ Management Area, until such verification has been provided.

(a) Vegetation Planting and Management.

The use of native vegetation in the /WQ Management Area is preferred, in order to reduce the need to apply water, herbicides, pesticides and fertilizers;

(b) Removal of Plants and Vegetation.

(c) Maintenance, Repair and Reconstruction Activities.

(d) Emergency Activities.

(e) Construction and Maintenance of Vegetated Stormwater Management Facilities. Swales, filter strips, constructed wetlands, and other vegetated stormwater management facilities for stormwater quality or flow control are permitted if otherwise approved through the provisions of EC 9.6791 through 9.6797 in accordance with the Stormwater Management Manual adopted by administrative order of the city manager;

(f) Public Improvement Projects. For purposes of this subsection (f), a public improvement project is defined as any improvement which upon construction and acceptance by a public entity shall become the entity’s responsibility to maintain, repair or replace. Public improvement includes, but is not limited to, local improvements or other structures or facilities constructed upon or under public or private property. Provided the city has on file the certification described in (f)(4) below, the following public improvement projects, are permitted:

(a) Construction of private water quality improvements, including stabilization or reconfiguration of channels and pond banks to improve stability and installation of aeration features. Subject to EC 9.4790 /WQ Water Quality Overlay Zone Development Standards (1) through (3) and (7) through (11);

(b) Realignment or reconfiguration of channels and pond banks to accommodate a proposed development:

(c) Construction of public improvements not already permitted under subsection (2) above (including but not limited to streets, bridges, boardwalks, paths, flood control structures, and public utilities):

(d) Construction of a private stream crossing with a culvert or bridge for an access road or pedestrian use:

(e) Construction of a private street and related infrastructure including utilities not already permitted under subsection (2) above:

(f) Construction of new underground utility lines not already permitted under subsection (2) above:

(g) Construction of water dependent structures and uses not already permitted under subsection (2) above, and access ways to those structures and uses, which, by their nature, cannot be located anywhere except within the /WQ Management Area, such as boat ramps or docks. Subject to EC 9.4790 /WQ Water Quality Overlay Zone Development Standards (1) through (3), (5), (10), and (11); and

(h) Non-emergency repair or stabilization of a failing slope or eroding channel bank that is not already permitted under subsection (2) above:

(a) Oregon licensed architect;

(b) Oregon licensed civil or geotechnical engineer;

(c) Oregon licensed landscape architect;

(d) Oregon licensed geologist;

(e) A professionally trained botanist, biologist, ecologist or geomorphologist; or

(f) A creek restoration specialist with a bachelor’s degree in the subject field and at least 5 years of applied experience in botany, biology, ecology, geomorphology or a closely related field.

(a) If an error on the Water Quality Waterways Map is alleged, the application shall:

(b) If the application proposes to remove the /WQ Water Quality Overlay Zone from a lot or parcel due to a partition, subdivision or property line adjustment that results in a new or reconfigured lot onto which the /WQ Management Area does not extend, the application shall:

(a) For an allegation of error on the Water Quality Waterways Map, the evidence submitted demonstrates that:

(b) For removal of the /WQ Overlay Zone that is proposed due to a partition, subdivision or property line adjustment:

(a) Vegetation removal in excess of that allowed by EC 9.4780(2)(b) shall be the minimum necessary to accommodate the use; and

(b) Any clearing of vegetation that is not within the footprint of uses approved in accordance with EC 9.4780(3), or uses approved through an adjustment approved under EC 9.8030(25), must be followed by replanting in accordance with the requirements of subsection (2) below.

(a) Plantings of plants and vegetation provided they are not Invasive, Non-Native Plant species as defined in EC 9.0500 Definitions, including some tree or large shrub species and planted in sufficient quantity and location to provide bank stability and to create substantial shading of the channel during times of peak solar input;

(b) Except as required in (d) below, the plant species and plant spacing to be utilized shall further the objective of increasing, to the greatest extent practicable, the capacity of the /WQ Management Area to filter pollutants from runoff that flows across the /WQ Management Area;

(c) Plant species selected for all plantings shall be appropriate to the site given its topography, hydrology, and soil type;

(d) Areas of bare soil existing as a result of vegetation removal shall be protected or covered consistent with EC 6.625 through EC 6.645, and replanted or mulched and seeded with straw mulch and native seed within 15 days of disturbance;

(e) Disturbed areas shall be re-planted consistent with this section as soon as practicable, but no later than March15 of the calendar year following disturbance; and

(f) A 70% survival rate of plantings shall be guaranteed for a 3-year period in the form of a financial deposit, bond or other means sufficient to cover the cost to remove dead and dying species, and to purchase and replant with living species. City staff shall be granted access to the planted area by the property owner as a condition of approval for this use in order to monitor the establishment of the plantings during this 3-year period.

(a) Construction, maintenance, repair, reconstruction and restoration activities shall be planned and timed so as to minimize adverse impacts to water quality;

(b) For purposes of this subsection, heavy machinery is defined as motorized or mechanized machinery or equipment capable of deliberately or inadvertently damaging vegetation, or damaging or compacting soil. The following standards shall apply to use of heavy machinery within the /WQ Management Area:

Construction may also be subject to construction site management practices such as the erosion prevention provisions of EC chapter 6, which apply to, among other things, clearing, grading, grubbing, excavation and filling.

(a) Impervious surfaces shall be minimized by constructing the facility or infrastructure with as little impervious surface as allowed by city standards and the Americans With Disabilities Act;

(b) Impervious surfaces shall be located as far from the waterway as practicable; and

(c) For paved foot paths, lightly used access roads, or low volume parking areas where soils and flat topography will facilitate infiltration of runoff, pervious pavement systems, or other infiltration devices approved by the planning director or city engineer shall be used in lieu of standard impervious paving surfaces to increase infiltration of stormwater where practicable. For the purposes of this subsection, gravel surfaces are considered pervious unless they cover impervious surfaces or are compacted to a degree that causes their rational method runoff coefficient to exceed 0.8, determined in accordance with the city’s adopted Public Improvement Design Standards Manual.

(a) Crossings shall be designed and constructed in a manner that results in the least physical impact to the waterway, utilizing a minimum width, appropriate invert elevations and slope, and aligned at right angles to the waterway whenever practicable;

(b) Culverts and bridges shall not increase or decrease water depth, velocity or flow rate upstream or downstream from the culvert, except as necessary to address conveyance needs identified in the city’s adopted Stormwater Management Manual or as otherwise allowed or required by this code;

(c) When a culvert 72 inches in diameter or greater would be required, bridges shall be utilized, or box or arch culverts with bottoms filled to a depth of at least 12 inches with stone; and

(d) Stream banks and stream beds must be stabilized at crossings, using vegetative bio-engineering methods to the maximum extent practicable.

(a) Improvements shall not increase or decrease stormwater conveyance capacity either upstream or downstream of improvements except as necessary to address conveyance needs identified in the city’s adopted Stormwater Management Manual, or as otherwise allowed or required by this code;

(b) Improvements shall meet the stormwater development standards of EC 9.6790 through EC 9.6797; and

(c) Flow spreaders and energy dissipaters shall be utilized to prevent erosive impacts to protected areas from stormwater discharges where practicable to avoid concentrating stormwater discharges.

(a) Where the /WB overlay zone and the NR zone overlap, only the provisions of the NR zone are applied.

(b) Where the /WB overlay zone and the /WP overlay zone are applied to the same tax lot, only one site review process is required. This review will address the provisions of both overlay zones. The /WB provisions will be applied to wetlands identified for protection in local plans and policies. The /WP provisions will be applied to any other water feature on the lot that is mapped and designated for protection in an adopted plan, policy or inventory.

(a) The specific development is to be constructed upon fill that is authorized under an approved wetland fill permit from both the Oregon Division of State Lands and the U.S. Army Corps of Engineers,

(b) 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

(c) The applicant provides documentation from the permitting agency that shows any mitigation requirements specified in the permits have been substantially satisfied.

(a) High value wetlands shall have a Type I setback of 100 feet with no site enhancements; or a Type II setback of 50 feet meeting vegetative, stormwater, and other enhancement standards as specified in EC 9.2530 Natural Resource Zone Development Standards (1) through (4).

(b) Moderate value wetlands shall have a Type I setback of 50 feet with no site enhancements; or a Type II setback of 25 feet meeting vegetative, stormwater, and other enhancement standards as specified in EC 9.2530 Natural Resource Zone Development Standards (1) through (4).

(c) Lower value wetlands and disturbed agricultural wetlands designated for enhancement or mitigation in the West Eugene Wetlands Plan shall not have a buffer setback outside the wetland boundary.

(a) Uses Permitted Outright. The following uses are permitted within /WB areas, subject to the provisions in EC 9.4840 Prohibited Practices:

(b) Uses Permitted Subject to Site Review. The uses listed in this subsection are permitted within areas, subject to the provisions in EC 9.4840 Prohibited Practices, and, except as provided in subparagraph 7., site review approval based on compliance with the EC 9.2530 Natural Resource Zone Development Standards listed with each use. Where required, site review approval shall be secured prior to submission of an application for a development permit for development within the /WB overlay zone. Uses permitted within /WB areas subject to site review are:

(c) Uses Permitted Conditionally. The following uses are permitted conditionally in the /WB overlay zone:

(d) Review process. For areas on the city’s acknowledged Goal 5 inventory, all development proposed within the wetland buffer sub-district shall be reviewed in accordance with Type II procedures except when the applicant can clearly show that proposed development will occur completely outside of the largest applicable wetland buffer area. This site plan approval shall be based upon conformance with the Natural Resource Zone Development Standards at EC 9.2530.

(a) Are directly related to a use permitted in the /WB area.

(b) Address an imminent threat to public health and safety.

(c) 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.

(a) Through a combination of buffer enhancements and site design alterations a smaller buffer setback distance can provide protection to the resource that is equal to or better than that provided by the standard buffers specified above, including, but not limited to meeting or exceeding EC 9.2530 Natural Resource Zone Development Standards (1) through (4).

(b) No economically viable use allowed within the base zone or special area zone could occur as a result of the application of these setback and buffer provisions, and that this circumstance is not purposefully brought about by any deliberate action of the owner or developer of the property.

(a) Wherever practical, reductions in buffer distance due to approved exceptions shall occur adjacent to lower value or less sensitive areas within a given wetland site and expansion of the buffer in compensation shall occur adjacent to higher value or more sensitive areas within a given wetland site.

(b) To the extent practicable, wherever buffers are reduced from the standard setbacks along channel sites or other linear sites, buffers shall be increased on the opposite bank of the channel across from the area where the reduction is allowed.

(a) For riparian corridor and upland wildlife habitat sites E35, E37, E38, E81, E86, and E88, the /WR conservation area consists of the area between the top of high bank on both sides of the stream and the area within the applicable conservation setback.

(b) For riparian corridor sites not listed in subsection (a), the /WR conservation area consists of the area within the Goal 5 Water Resource Site and the area within the applicable conservation setback.

(c) The conservation setback for a particular riparian corridor or upland wildlife habitat site is determined based on whether it is a Category A, B, C, D or E stream in the Goal 5 Water Resources Conservation Plan. Conservation setbacks are measured horizontally from the top of the high bank as set out in 1., below, or, only when the top of high bank is not identifiable, from the line of ordinary high water, as set out in 2., below.

(a) The Goal 5 Water Resource Site.

(b) The area within the applicable conservation setback. The conservation setback for a particular site is determined based on whether it is a Category A, B or C wetland in the Goal 5 Water Resources Conservation Plan. Conservation setback distances for wetlands are measured horizontally from wetland boundaries established under the “Goal 5 Locally Significant Wetland Sites Within the Eugene Urban Growth Boundary” map or if provided by the property owner, from the jurisdictional wetland boundary accepted by the Oregon Department of State Lands. Conservation setback distances are as follows:

(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.

(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 stormwater conveyance and flood control capacity as required by local policies, local, state and federal regulations, and intergovernmental agreements.

(f) A public entity’s removal of vegetation by mechanical or manual means within a strip not to exceed 15 feet wide from publicly owned property within the /WR conservation area where that property abuts private property that is not within a /WR conservation area.

(g) Repair or replacement of a privately-owned, culverted stream crossing within the same total footprint as the original culvert and crossing.

(h) Construction of low impact trails with no impervious surface, not to exceed 3 feet in width.

(i) Planting or removal of plants within an area that, prior to November 14, 2005, was cleared of native vegetation and intentionally planted with ornamental landscape plants. Expansion of the landscaped area through additional clearing of naturally established native plants within the /WR conservation area is prohibited.

(j) Removal of vegetation that the city fire marshal has declared poses a potential fire hazard to existing structures. Written documentation of the fire marshal’s declaration, including a description of the location of the structure and the location of the vegetation to be removed, shall be provided to the planning director prior to the removal. The removal shall be limited to the extent specified by the fire marshal’s declaration.

(k) Removal of hazardous tree(s), so long as prior to removal the property owner submits to the planning director a written evaluation of each tree proposed for removal prepared by a certified arborist declaring the tree(s) to be hazardous and recommending immediate removal. The written evaluation shall be on a form prescribed by the city manager pursuant to section 2.019 City Manager – Administrative and Rulemaking Authority and Procedures.

(l) Removal of trees or shrubs that are neither native plants nor non-native, invasive plants, provided that each tree and shrub over 5 feet in height that is removed within 25 feet of a Category B, C or D stream is replaced within 6 months by a native tree or shrub. Replacement of a tree must be with a 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.

(m) Construction of a stream crossing with a culvert or bridge for a private access road over a Category E stream, where no other point of access to an adjacent street or road is available.

(n) Maintenance, repair, and reconstruction of utility facilities existing as of November 14, 2005 where such action will involve excavation or ground disturbance within the conservation area of 500 square feet or less, and where such action is necessary to maintain access, maintain or improve safety, maintain proper functioning or is required by local policies, local, state or federal regulations, or intergovernmental agreements. See subsection (3)(d) of this section for maintenance, repair and reconstruction activities that are subject to the standards review process.

(o) Emergency repair of a failing slope or eroding channel bank, provided that, within one week of commencing the repair work, the owner of the subject property submits to the planning director a written evaluation of the bank failure prepared by a certified engineer that includes:

Consistency with the provisions of this subsection do not exempt the property owner from state or federal laws or regulations that protect wetlands, waterways or other natural resources.

(a) Realignment and reconfiguration of channels and pond banks. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5).

(b) Construction of public improvements (including but not limited to streets, bridges, paved bikeways and pedestrian paths, and public utilities) required by this land use code or specified in adopted plans. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (1) through (11).

(c) Construction of public access facilities and information and interpretation facilities on public lands where it is demonstrated that public access must be controlled in order to protect the resource. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (1) through (11).

(d) Maintenance, repair, and reconstruction of utility facilities existing as of November 14, 2005 within /WR conservation areas of Category A, B, C, or D streams or Category A, B, or C wetlands, where such action will involve excavation or ground disturbance within the /WR conservation area of more than 500 square feet, and where the footprint of above – ground facilities will not be expanded. For purposes of this subsection, agencies or entities that manage and maintain utility facilities may make application for individual actions or may submit an application for approval of a maintenance, repair and reconstruction program, such that all activities consistent with the approved program would be deemed consistent with this subsection, and applications for individual actions would not be required. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5) and to the following additional standards:

(e) Construction of new underground utility lines within /WR conservation areas of Category A, B, C, or D streams or Category A, B, or C wetlands. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5) and to the following additional standards:

(f) Wetland or riparian area enhancement, restoration or creation activities. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5).

(g) Construction of stormwater quality treatment facilities that do not discharge into a stream or wetland within the /WR conservation area and that do not include adding impervious surfaces. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (5).

(h) Discharge of stormwater collected from impervious surfaces into a wetland or stream within the /WR conservation area, if the following standards 1. through 4. are met:

(i) Construction of paved pathways of no more than 6 feet in width for passive recreation within the conservation area for Category A, B, or C streams or Category A wetlands, and no more than 12 feet for bike paths identified in the Eugene 2035 Transportation System Plan or TransPlan. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (6) and (11).

(j) Construction of a private access road where no other point of access is available except through the /WR conservation area of a Category A, B, C or D stream or a Category A, B, or C wetland, and where the number of stream or wetland crossings is the minimum necessary for the approved use. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (6) and (10).

(k) Non-emergency repair or stabilization of a failing slope or eroding channel bank. Subject to EC 9.4980 /WR Water Resources Conservation Overlay Zone Development Standards (2) through (6), and provided the applicant submits to the planning director a report from a certified engineer that includes the following:

Consistency with the provisions of this subsection do not exempt the property owner from state or federal laws or regulations that protect wetlands, waterways or other natural resources.

(a) Storage of hazardous or toxic materials.

(b) Depositing, dumping, piling or disposal of refuse, or dumping, piling, disposing or composting of yard debris, fill, or other material except for single-unit residential composting, which must be kept at least 10 feet from the top of the bank of any water feature, and soils or soil amendments used for replanting in accordance with provisions of this section.

(c) Construction of new septic drainfields.

(d) Channelizing or straightening natural drainageways.

(e) Removal or destruction of a plant species listed as threatened or endangered by the Oregon Department of Agriculture or the U.S. Fish and Wildlife Service unless written notice of the removal or destruction is provided to the city’s Planning and Development Department, the Plant Division of the Oregon Department of Agriculture, and the U.S. Fish and Wildlife Service 30 days prior to the removal or destruction. Such notice shall include the location, the names of the plant species to be affected, how many plants are to be affected and the reason for the removal or destruction.

(f) Filling, grading and excavating.

(g) Storage of wood, other building materials, vehicles or machinery.

(a) A site review plan;

(b) A conditional use permit;

(c) A tentative subdivision or tentative cluster subdivision submitted and approved after August 1, 2001;

(d) A Willamette River Greenway permit; or

(e) A planned unit development.

(a) Application Requirements.

(b) Approval Criteria Based Solely on Aerial Photography and Geographic Information System Data.

(a) Application requirements.

(b) Approval Criteria.

(a) All refuse, toxic materials and any fill that limits or decreases the capacity of the conservation setback area to filter pollutants from runoff that flows across the conservation setback area shall be removed (not including stormwater collected and discharged from impervious surfaces).

(b) Where practicable, finished grades shall encourage sheet flow of runoff across conservation setback areas to maximize filtering and infiltration of precipitation and runoff within conservation setback areas (not including stormwater collected and discharged from impervious surfaces).

(c) On sites where the slope within the conservation setback area exceeds 15 percent, measures (e.g., planting and contouring) shall be taken to slow the flow of runoff to the maximum extent practicable (not including stormwater collected and discharged from impervious surfaces).

(d) Non-native plants shall be permanently removed to the maximum extent practicable and replaced with native plant species in accordance with subsection (3) below.

(e) Except as required by EC 9.4980(2)(c), EC 9.4980(3)(d) and EC 9.4980(3)(e), site work to enhance the conservation setback area shall be completed prior to or concurrent with other site development, unless appropriate native plant species are not available within that time frame.

(a) Vegetation removal shall be limited to:

(b) Clearing of more than 500 square feet of vegetation must comply with Erosion Prevention regulations for sensitive areas in EC 6.645.

(c) Any clearing of vegetation that is not within the footprint of uses approved in accordance with EC 9.4930(3)(a) through EC 9.4930(3)(k), or uses approved through an adjustment approved under EC 9.8030(21), must be followed by replanting in accordance with the requirements of subsection (3) below.

(a) Areas of existing bare soil and areas which have been cleared or graded in accordance with subsection EC 9.4980(2) or EC 9.4980(5) shall be planted with native plant species. Except as required in (b) and (c) below, plant species and plant spacing used for such plantings shall be appropriate to increasing to the greatest extent practicable the capacity of the conservation setback area to filter pollutants from runoff that flows across the conservation setback area (not including stormwater collected and discharged from impervious surfaces). Where existing native vegetation already serves this function to some extent, additional native plants shall be planted in order to augment native vegetation already existing. Plant species selected for all plantings shall be appropriate to the site given its topography, hydrology, soil, and existing native plant species.

(b) Planting or replanting within 25 feet of a Category B, C, or D stream within the /WR conservation area shall include native tree or large shrub species and located so as to provide substantial shading of the channel during times of peak solar input.

(c) Where non-native or damaged trees are removed within 25 feet of a Category B, C, or D stream within the /WR conservation area, they shall be replaced with native tree or large shrub species and located so as to achieve equal or greater shading of the channel during times of peak solar input as the trees removed.

(d) Replanting of areas cleared of existing vegetation must be completed within 90 days following the removal or clearing, unless otherwise approved by the planning director.

(e) Plantings shall not adversely affect adjacent protected water resources or existing native vegetation through shading or invasion by plant species introduced into the setback.

(a) For purposes of this subsection, heavy machinery is defined as motorized or mechanized machinery or equipment capable of deliberately or inadvertently damaging vegetation, or damaging or compacting soil. The following standards shall apply to use of heavy machinery within the /WR conservation area:

(b) Petroleum products, chemicals, or other deleterious materials used in the construction process shall not be allowed to enter a stream or wetland that is within a /WR conservation area.

(a) Filling, grading or excavating of more than 500 square feet must comply with Erosion Prevention regulations for sensitive areas in EC 6.645.

(b) Grading and excavating conducted as part of restoration or enhancement projects, and bank and channel reconfiguration shall result in topography that resembles landscapes shaped only by natural processes, for example, incorporating the undulations, meanders and slopes found in such landscapes. For purposes of this standard, straight lines and geometric or angular shapes are not acceptable. Channel and stream bank slopes shall not exceed 25 percent at elevations of 500 feet or less.

(a) Impervious surfaces are prohibited within the /WR conservation area unless they are part of a use approved in accordance with EC 9.4930(3).

(b) Impervious surfaces that are part of a use approved in accordance with EC 9.4930(3) shall be no larger than the minimum necessary for the approved use. For sites with wetlands, impervious surfaces shall be located as far from the boundaries of locally significant wetlands as practicable. For riparian and upland wildlife habitat sites, impervious surfaces shall be located as far from the line of ordinary high water as practicable.

(c) Durable porous paving treatments or other infiltration devices approved by the planning director or decision-maker shall be used in lieu of standard impervious paving surfaces to increase infiltration of stormwater where practicable. This standard shall apply only to low volume parking areas, foot paths or lightly used access roads, where porous soils and flat topography will facilitate infiltration of runoff. For the purposes of this subsection, gravel surfaces are not acceptable as porous paving or as an infiltration device.

(a) Illumination for walkways, pathways or pedestrian gathering areas shall be no more than an average maintained luminance of 0.5 foot-candle at grade.

(b) Output from all other light sources shall be no more than an average maintained luminance of 0.9 foot-candle at grade.

(c) All lighting fixtures shall be designed to direct light downward to areas intended for human use after dark, and shall be shielded such that light shining toward /WR conservation areas is minimized to the maximum extent practicable.

(a) Bridges across Category A or Category B streams as identified in the Goal 5 Water Resources Conservation Plan shall, where practicable, be designed to avoid channel constriction when flows reach the top of high bank. Where practicable, bridges shall span a distance 1.2 times the width of the stream channel from top of high bank to top of high bank to help prevent scouring within the structure or at the outlet during less frequent floods.

(b) Crossings over Category A or Category B streams as identified in the Goal 5 Water Resources Conservation Plan shall utilize bridges or natural substrate culverts where possible. Where practicable, the lower lip of any natural substrate culvert shall be embedded at least 1 foot for box culverts and pipe arches, and at least 25% of the pipe diameter for pipe culverts. The substrate within the structure shall match the composition of the substrate in the natural stream channel at the time of construction. The substrate shall either resist displacement during flood events or the structure shall be designed to maintain an appropriate bottom through natural bed load transport.

(c) Bridges and culverts on Category A or Category B streams as identified in the Goal 5 Water Resources Conservation Plan shall be constructed so that the “openness ratio” of the structure is equal to or greater than 0.25. The “openness ratio” is the cross-sectional area of the passage area under or within the structure divided by the length of the stream segment it crosses over. For a box culvert, the openness ratio shall be (height x width)/length.

(d) Culverts shall not substantially increase or decrease water depth or flow rate conditions upstream or downstream from the culvert.

(e) The lower lip of all culverts shall meet the stream or channel bed at or below grade.

(f) Culverts shall be the minimum length practicable, and fill on top of the culvert shall have the minimum footprint practicable.