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/ b. Existing nonco�formities. An existin� structure, driveway or parking area that does not meet the required setback from a city-desi�nated wetland bow�dary or buffer area, is considered a legal nonconforming development. c. Avoidirrgfutu��e f�onconformities. In order to avoid the creation of future nonconformities, in situations where development, redevelopment or construction activity does not tri�ger the establishment of a buffer, the following setbacks shall apply: 1. All new buildings shall maintain a setback from a delineated wetland boundary equivalent to the width of the buffer area per the chart in section 78-1605(c} pfus the cequired 20 foot buffer setback. 2. All new non-structural impervious surfaces and those structures listed as exceptions in section 78-1608(2)(a) above shall maintain a setback from the delineated wetfand boundary eqttivalent to the width of the buffer area per the chart in [section] 78-1605(c). d. Buffer flexibility. Where existing st��uctures or surfaces are located within an area that would be required for establishment of a buffer under this ac-ticle, alternative methods of wetland pcotection may be approved by the city council to avoid cc•eating unreasonable impacts on the existin� use of a property. Such methods may include but are not limited to buffer width averaging, redirection of drainage to an area where buffer is feasible, use of rain gardens, cisterns or rain barrels, etc. (Ord.No. 28 3rd series, � l, 8-22-2005) Sec. 78-1609. Removal of lands from the wetlands overlay district. (a) Removal of wetlands from a wetland overlay district (i.e. by filling, etc) requires a zoning amendment and an amendment of the official city wetland map. The amendments must be made pursuant to the provisions of section 78-43 of this chapter and WCA replacement rules. These amendments must be consistent with the purpose of this article,the city's surface water management plan and the goals and policies of the community mana�ement pfan. In determining the appropriateness of a rezonina request,the city council will consider the size of the wetland overlay district, the magnitude of the area proposed for removal, hydrological and ecological effects and the type and function of wetlands involved in order to provide the maximum feasible protection. (b) Wetlands within an overiay district may oniy be removed accordin� to WCA rules and if at least an equal area of wetland replacement is created to compensate for the wetland beina filled. Unless otherwise approved by the city council, compensatory wetland area must be provided within Orono and within the same subwatershed (Painter's Creek, Lon� Lake Creek, Classen Creek. Lal.e Minnetonka) as the wetland bein� altered, if available. y (c) In addition to application requii�ements, the city may require submission and approva] of the followina information: (l) A cop:v of the �i-etland i•eplacement plan applicatioi� submittzd to tl�e vICWD;