1110.0900 Ditch Maintenance Access.
   A.   General
   Development should not restrict the City's ability to access Ditches and Watercourses for maintenance.
   B.   Clear Zone
   A clear zone shall be maintained adjacent to Ditches and Watercourses, which shall be free of structures, permanent fences, walls, or other obstructions that would restrict maintenance access. The clear zone shall be measured from the top of Stream Bank, as defined herein, a horizontal distance of twelve feet away from the Ditch or Watercourse. If there is no defined Stream Bank, the clear zone shall be measured from the Ordinary High Water Mark. If the Floodway extends further than twelve feet from the top of bank, then the clear zone shall extend to the edge of the Floodway. The required clear zone shall not exceed 25 feet from the Ordinary High Water Mark, or to the edge of Floodway, whichever is larger.
   C.   Exemptions
   Exemption to this clear zone requirement may be granted if site constraints exist which would render an otherwise developable property undevelopable due to the requirement, and there is adequate clear zone on the opposite side of the Ditch or Watercourse.
   D.   Prior Uses
   This Section 1110.0900 applies only to new development and not structures or uses existing at the time of the passage of these regulations.
(Ord. 368-11. Passed 7-26-11.)