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Municode Yage lU ot 1.5 <br /> Discharge into the wetlands must occur at a rate no greater than alfowed by the <br /> city engineer in accordance with the city's surface water management plan and <br /> the appropriate MCWD requirernents. <br /> �2) Setbacks. <br /> a• All buildings (principal and accessory), must be setback at least 20 feet from <br /> the upsiope edge of the wetland buffer. Exceptions: Play structures (including <br /> sport court type structures), grade-level decks, patio slabs, driveways, <br /> sidewalks and parking lots. <br /> b• A setback from the buffer area is not required for overhead utility poles and <br /> lines that are less than two feet in diameter, underground utility lines and <br /> distribution equipment, light poles, traffic signals, traffic regulatory signs, <br /> mailboxes, entrance monuments meeting section 78-1405(8) and other <br /> equipment that provides an essential public service. <br /> �• A setback from the buffer area is not required for fences or retaining walls. <br /> (3) Nonconformities. <br /> a� Effect of wetland boundary expansion. An existing structure, driveway or <br /> parking area meeting the required setback from a city-designated wetland <br /> boundary or buffer area is considered a legal nonconforming development if a <br /> later wetland delineation or implementation of a wetland buffer shows that the <br /> wetland or its buffer is closer than the required setback. <br /> b• Existing nonconformities. An existing structure, driveway or parking area that <br /> does not meet the required setback from a city-designated wetland boundary or <br /> buffer area, is considered a legal nonconforming development. <br /> �• Avoiding future nonconformities. In order to avoid the creation of future <br /> nonconformities, in situations where development, redevelopment or <br /> construction activity does not trigger the estab(ishment of a buffer, the following <br /> setbacks shall apply: <br /> �� All new buildings shall maintain a setback from a delineated wetland <br /> boundary equivalent to the width of the buffer area per the chart in <br /> section 78-1605(c) plus the required 20 foot buffer setback. <br /> 2� All new non-structural impervious surfaces and those structures listed as <br /> exceptions in section 78-1608(2)(a) above shall maintain a setback from <br /> the delineated wetland boundary equivalent to the width of the buffer <br /> area per the chart in [secfion]78-1605(c). <br /> d• Buffer flexibilify. Where exisfing structures or surfaces are located within an <br /> area that would be required for establishment of a buffer under this article, <br /> alternative methods of wetland protection may be approved by the city council <br /> to avoid creating unreasonable impacts on the existing use of a property. Such <br /> methods may include but are not limited to buffer width averaging, redirection <br /> of drainage to an area where buffer is feasible, use of rain gardens, cisterns or <br /> rain barrels, etc. <br /> (Ord. No. 28 3rd series, § 1, 8-22-2005) <br /> Sec. 78-16Q9. - Removal of lands from the wetlancls overfay district. <br /> (a) Removal of wetlands from a wetland overlay district(i.e. by fil(ing, etc) requires a zoning <br /> amendment and an amendment of the official city wetland map. The amendments must be <br /> made pursuant to the provisions of section 78-43 of this chapter and WCA replacement <br /> http://librar��.municode.com!print.asp�?h=&clientID=1�Q94&HTMRequest=http%3a%2fio... 3!�/2013 <br />