05-13-2019 Council Work Session Packet

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than 30 percent hard cover. Within 500 to 1,000 feet of the shoreline, there shall be no greater than 35 percent hard cover. (5) Tree removal regulations. No trees within 75 feet of the shoreline with a diameter of six inches or more shall be removed without first obtaining a permit from the council. Tree removal and other vegetation management shall be in accordance with the ordinance. (Code 1984, § 10.41(13); Ord. No. 132 2nd series, § 2, 1-23-1995) Sec. 78-674. - Drainage. No land shall be developed and no use shall be permitted that results in water runoff causing floods, erosion or deposits on adjacent properties. Site and drainage plans shall be submitted by the applicant any time a new use is applied for, whether through subdivision, variance, conditional use permit or building permit. Such plans shall be provided in such detail as required by the council, and those plans shall be reviewed by the city engineer before submission to the planning commission and the council for approval. Such stormwater runoff may be required to be properly channeled into a natural watercourse, ponding area, storm drain or other public facilities. Construction of facilities to manage the quantity and quality of stormwater runoff may be required. Any change in grade affecting water runoff, whether onto adjacent property or otherwise, must be in compliance with the surface water management plan and articles VIII and IX of this chapter, and shall be consistent with other applicable regulations or provisions of this Code, and is further subject to the approval of other agencies having jurisdiction over the area affected by the drainage. (Code 1984, § 10.41(14); Ord. No. 132 2nd series, § 2, 1-23-1995) Sec. 78-675. - Nonconforming use. Notwithstanding any other provision of this division, any nonconforming use of land not involving a structure and any nonconforming use involving a structure with an assessor's fair market value on January 1, 1975, of $3,000.00 shall be allowed to continue as a nonconforming use subject to the provisions as set forth in article II, division 2, of this chapter. (Code 1984, § 10.41(15); Ord. No. 132 2nd series, § 2, 1-23-1995) Sec. 78-676. - Variances. (a) Variances may be granted to the provisions of this division in accordance with the provisions set forth in article II, division 3, subdivision II, of this chapter. (b) The council may grant a variance allowing a four-year installation and planting period to meet the requirements of the landscaping and planting provisions of this division to any applicant who: (1) Submits a detailed landscape plan showing sufficient planting and landscaping in each of the four years in order to provide at the end of the four years a natural screen that will not be less than 50 percent opaque during the summer months and not less than 25 percent opaque in winter. (2) Submits a four-year planting and landscaping plan which shall provide that in each year of the plan at least 25 percent of the necessary landscaping and planting (as determined by the council as of May 1, 1995) be planned and completed for each required landscaping area according to the other provisions of this division. The council may vary this requirement in order to allow a higher percentage of the landscaping and planting in any required landscaping area and credit the applicant for the landscaping and planting which otherwise would be required in other landscaping areas.