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DIVISION 5. <br /> STANDARDS FOR THE WETLAND OVERLAY DISTRICT, BUFFER AREAS AND NEIGHBORING LANDS <br /> Sec. 78-1608. Standards. <br /> The following standards apply to all land within the wetland overlay districts, wetland buffer areas, and to neighboring <br /> lands: <br /> (1) Protection of wetlands and wetland buffer areas. <br /> a. Except as modified or regulated by the standards of this subsection, all requirements of the underlying <br /> zoning district apply. <br /> b. No structures are allowed in the wetland overlay districts, or wetland buffer area except those allowed as <br /> of right or by conditional use permit by sections 78-1606 or 78-1607 of this article. <br /> c. Activities including, but not limited to, building (other than a boardwalk or dock), paving, mowing, <br /> vegetation removal, filling, dumping, yard waste disposal or fertilizer application are prohibited, except that certain such <br /> activities may be permitted when approved by the city as a buffer management plan. Invasive non-native vegetation, <br /> such as European buckthorn and noxious weeds, may be removed by obtaining a vegetation removal permit from the <br /> city. <br /> d. Before grading or construction near a wetland overlay district or buffer area, the owner or contractor <br /> must place erosion control fencing on the upland side of the perimeter of the wetland overlay district or wetland buffer <br /> area, which ever is more restrictive, or as required by the city. This fencing must remain in place until all development <br /> activities that may affect the wetland and the wetland buffer area have been finished and adequate vegetative cover has <br /> been established at which time the fencing must be removed. <br /> e. All structures must have a minimum basement floor elevation not less than one foot above the 100-year <br /> flood elevation. <br /> f. All hard-surface runoff must be treated in accordance with the requirements of the city and the <br /> appropriate watershed district. Treatment may include site retention, skimmers, weirs or sedimentation ponds of <br /> appropriate scale. Structures and ponds serving this purpose must be properly maintained and serviced by the property <br /> owner. <br /> g. Discharge into the wetlands must occur at a rate no greater than allowed by the city engineer in <br /> accordance with the city's surface water management plan and the appropriate MCWD requirements. <br /> (2) Setbacks. <br /> a. All buildings (principal and accessory), must be setback at least 20 feet from the upslope edge of the <br /> wetland buffer. Exceptions: Play structures (including sport court type structures), grade-level decks, patio slabs, <br /> driveways, sidewalks and parking lots. <br /> b. A setback from the buffer area is not required for overhead utility poles and lines that are less than two <br /> feet in diameter, underground utility lines and distribution equipment, light poles,traffic signals,traffic regulatory signs, <br /> mailboxes, entrance monuments meeting section 78-1405(8) and other equipment that provides an essential public <br /> service. <br /> c. A setback from the buffer area is not required for fences or retaining walls. <br /> (3) Non conformities. <br /> a. Effect of wetland boundary expansion.An existing structure, driveway or parking area meeting the <br /> required setback from a city-designated wetland boundary or buffer area is considered a legal nonconforming <br /> 9 <br />