(A) Required permits. A wetland alteration permit or a wetland buffer permit shall be required for any development in a wetland zoning district as provided in § 159.008(B).
(B) Dedication of lands. Whenever a wetland or drainageway is located on lands that are being subdivided, the subdivider shall dedicate such wetland and/or drainageway to the public as allowed per M.S. Ch. 462, as it may be amended from time to time, and shall dedicate an easement to the public as required for purposes of improving, maintaining or protecting the area for drainage, water quality enhancement or other purposes expressed in this chapter.
(C) Subdivision regulations. Notwithstanding the provisions of Ch. 160 of this code of ordinances, the following shall apply to all lands proposed to be subdivided pursuant to Ch. 158 of this code of ordinances and lying within a wetland zoning district: the following regulations are required to control the density of development in wetland zoning districts. The purpose of controlling development density is to reduce the financial burdens imposed on the community through rescue and relief efforts occasioned by the occupancy or use of areas subject to periodic flooding, to minimize loss of life, property damage and the losses and risks associated with flood conditions and to minimize the detrimental effects of urbanization on the wildlife habitat, water quality enhancement, recreational and aesthetic values of wetlands:
(1) Minimum lot size: 20,000 square feet;
(2) Minimum lot width: 125 feet as measured at the building setback line;
(3) Building setback: all buildings, including accessory buildings, as defined in Ch. 160 of this code of ordinances, shall be set back at least 100 feet from the wetland, except as allowed by an approved wetland alteration permit or approved wetland buffer permit as provided in § 159.008 of this chapter.
(D) Existing non-conforming buildings and parcels. Any building or structure situated on an existing parcel of record, as of the original date of enactment of this chapter, that does not meet the requirements of this chapter shall be considered non-conforming pursuant to the provisions of §§ 160.375 through 160.382 of this code or ordinances and will require a variance from the Council to build or rebuild.
(1) Non-conforming parcels. A non-conforming parcel shall exist:
(a) Where any portion of the parcel is contained in a wetlands district; or
(b) Where 20% of a parcel or at least 2,000 square feet of the parcel, whichever is less, shall be contained within the wetland buffer area.
(2) Non-conforming buildings. A non-conforming building shall exist:
(a) Where it does not meet building or structure setback requirements; and
(b) Where it does not meet floor elevation requirements.
(Prior Code, § 1010.07) (Ord. 505, passed 04-27-1992; Ord. 602, passed 08-25-1997)