9.4710 Applicability.
The /WP overlay zone applies to all property to which the /WP overlay zone has been applied through the city’s rezoning process.
(1) The provisions of the /WP overlay zone do not exempt a person or property from state or federal laws and regulations that protect water quality, wetlands, or other natural areas.
(2) In some cases, the /WP overlay zone may overlap with the NR zone or the /WB overlay zone. In these cases, only one review process is required as follows:
(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.
(3) Development within the waterside protection area shall be exempt from the setback provisions of EC 9.4720 if all of the following exists:
(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.