06-17-2019 Planning Commission Packet

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DIVISION 5. -STANDARDS FOR THE WETLAND OVERLAY DISTRICT, BUFFER AREAS AND NEIGHBORING LANDS Sec. 78-1608. -Standards. The following standards apply to all land within the wetland overlay districts, existing and MCWD- required wetland buffer areas, and to neighboring lands: (1) Protection of wetlands. a. Except as modified or regulated by the standards of this subsection, all requirements of the underlying zoning district apply. b. No structures are allowed in the wetland overlay districts except those allowed as of right or by conditional use permit by sections 78-1606 or 78-1607 of this article. c. Activities including, but not limited to, building (other than a boardwalk or dock), paving, mowing, vegetation removal, filling, dumping, yard waste disposal or fertilizer application are prohibited. Invasive non-native vegetation, such as European buckthorn and noxious weeds, may be removed by obtaining a vegetation removal permit from the city. d. Before grading or construction near a wetland , the owner or contractor must place erosion control fencing on the upland side of the perimeter of the wetland, or as required by the city. This fencing must remain in place until all development activities that may affect the wetland have been finished and adequate vegetative cover has been established at which time the fencing must be removed. e. All structures must have a minimum basement floor elevation not less than one foot above the 100-year flood elevation. f. All hard-surface runoff must be treated in accordance with the requirements of the city and the appropriate watershed district. Treatment may include site retention, skimmers, weirs or sedimentation ponds of appropriate scale. Structures and ponds serving this purpose must be properly maintained and serviced by the property owner. g. Discharge into the wetlands must occur at a rate no greater than allowed by the city engineer in accordance with the city's surface water management plan and the appropriate MCWD requirements. (2) Protection of wetland buffer areas. Existing and MCWD-required wetland buffers shall be maintained and protected per the requirements of existing covenants as well as MCWD regulations as administered by MCWD. (3) Nonconformities. a. Effect of wetland boundary expansion. An existing structure, driveway or parking area meeting the required setback from a city-designated wetland boundary or existing established buffer area is considered a legal nonconforming development if a later wetland delineation or implementation of a wetland buffer shows that the wetland or its buffer is closer than the required setback. b. Existing nonconformities. An existing structure, driveway or parking area that does not meet the required setback from a city-designated wetland boundary or buffer area, is considered a legal nonconforming development. (Ord.No. 28 3rd series, § 1, 8-22-2005; Ord. No. 103 3rd series, § 5, 5-28-2013; Ord.No. 196 3rd series, § 4, 5-22-2017) Sec. 78-1609. - Removal of lands from the wetlands overlay district.