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Ordinance 4175-26
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Ordinance 4175-26
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5/11/2026 1:13:14 PM
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5/11/2026 1:10:37 PM
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Ordinances
Ordinance Number
4175-26
Date
4/15/2026
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Exhibit B <br />ORDINANCE Exhibit A - Page 5 of 55 <br />new construction or related activity does not further alter or increase the impact to the <br />critical area or buffer as a result of the proposed modification. For structures that are <br />damaged or destroyed as a result of flood, fire or act of nature, restoration work shall be <br />initiated by the applicant within one year of the date of damage or destruction, as <br />evidenced by issuance of a valid building permit. The work authorized by such permit <br />must be completed within the term of the permits issued by the city, which includes any <br />written extensions. Expansions and additions shall not further encroach into a critical <br />area or the portion of the required buffer between the critical area and existing <br />improvements. Expansions within the critical area or buffer shall be limited to a <br />maximum of one thousand square feet of impervious surface. To the extent feasible <br />based on site-specific conditions, expansions shall result in no additional hydrologic <br />impacts from stormwater runoff by using techniques such as low impact development. <br />Remodeling, reconstruction, and expansions shall be subject to all other requirements <br />of the zoning code. <br />B. Exceptions. All exceptions must be approved by the city through the review process listed in EMC <br />Title 15 prior to the exception applying. The following are exceptions to the requirements of this <br />chapter; however, the exceptions listed in this section still require compliance with the other <br />requirements of this chapter, except as allowed by the exception. The exception may not be exempted <br />from other state or federal regulations or permit requirements. Any incidental damage to, or alteration <br />of, a critical area that is not a necessary outcome of the allowed development shall be restored, <br />rehabilitated, or replaced at the expense of the property owner. <br />1. New accessory structures up to one hundred square feet, including storage buildings and <br />garden sheds. Where structures, lawns and associated improvements have been legally <br />established within a buffer area, new structures may be placed within the outer fifty percent of <br />a legally altered critical area buffer. The one-hundred-square-foot limit shall include all <br />associated improvements such as walkways or other impervious areas. Only one such exception <br />per site or property is allowed. <br />2. New accessory structures between one hundred one square feet and two hundred square <br />feet. Where structures, lawns and associated improvements have been legally established <br />within a buffer area, new structures and additions to existing structures up to two hundred <br />square feet may be permitted within the improved portion of the buffer as follows: <br />a. The two-hundred-square-foot limit shall include all associated improvements such as <br />walkways or other impervious areas; <br />b. The new structure or addition shall be placed within the outer fifty percent of a <br />legally altered critical area; <br />c. The new structure or addition maintains a minimum setback of ten feet from the <br />critical area; <br />d. A minimum of one square foot of legally altered buffer area is restored for every one <br />square foot of new structure; <br />e. A critical area covenant is recorded;
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