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c. Avoiding Future Nonconformities. In order to avoid the creation of <br /> future nonconformities, in situations where development, <br /> redevelopment or construction activity does not trigger the <br /> establishment of a buffer, the following setbacks shall apply: <br /> 1. All new buildings shall maintain a setback from a <br /> delineated wetland boundary equivalent to the width of the <br /> buffer area per the chart in Section 78-1605(c) plus the <br /> required 20' buffer setback. <br /> 2. All new non-structural impervious surfaces and those <br /> structures listed as exceptions in Section 78-1608(2)(a) <br /> above shall maintain a setback from the delineated wetland <br /> boundary equivalent to the width of the buffer area per the <br /> chart in 78-1605(c). <br /> d. Buffer Flexibility. Where existing structures or surfaces are located <br /> within an area that would be required for esta.blishment of a buffer <br /> under this ordinance, alternative methods of wetland protection <br /> may be approved by the City Council to avoid creating <br /> unreasonable impacts on the existing use of a property. Such <br /> methods may include but are not limited to buffer width averaging, <br /> redirection of drainage to an area where buffer is feasible, use of <br /> rain gardens, cisterns or rain barrels, etc. <br /> Sec. 78-1609 Removal of Lands from the Wetlands Overlay District. <br /> (a) Removal of wetlands from a wetland overlay district (i.e. by filling, etc) <br /> requires a zoning amendment and an amendment of the official City Wetland Map. The <br /> amendments must be made pursuant to the provisions of Section 78-43 of this ordinance <br /> and WCA replacement rules. These amendments must be consistent with the purpose of <br /> this ordinance, the City's Surface Water Management Plan and the goals and policies of <br /> the Community Management Plan. In determining the appropriateness of a rezoning <br /> request, the City Council will consider the size of the wetland overlay district, the <br /> magnitude of the area proposed for removal, hydrological and ecological effects and the <br /> type and function of wetlands involved in order to provide the maa�imum feasible <br /> protection. <br /> (b) Wetlands within an overlay district may only be removed according to <br /> WCA rules and if at least an equal axea of wetland replacement is created to compensate <br /> for the wetland being filled. Unless otherwise approved by the City Council, <br /> compensatory wetland area must be provided within Orono and within the same <br /> subwatershed (Painter's Creek, Long Lake Creek, Classen Creek, Lake Minnetonka) as <br /> the wetland being altered, if available. <br /> Page 13 of 22 <br />