Braham City Zoning Code
WETLAND SYSTEMS
DISTRICT W
§ 154.235 PURPOSE.
The Wetlands Systems District is established relating to low lands, marshes, wetlands, drainages, water bodies, and watercourses regulating alteration and development of the lands, and providing for the issuance of permits therefor, and specifically, to:
(A) Reduce danger to the health, safety, and welfare of the residents of the city by protecting surface and groundwater supplies from impairment, which results from incompatible land uses and alterations, and by providing safe and sanitary drainage;
(B) Restrict and control land development so it will not impede the flow of floodwater, or cause danger to life or property;
(C) Designate suitable land uses that are compatible with the preservation of the natural vegetation and marshes, which are a principal factor in the maintenance of constant rates of water flow through the year, and which sustain many species of wildlife and plant growth;
(D) Regulate runoff of surface waters from developed areas to prevent pollutants such as motor oils, sand, salt, and other foreign materials from being carried directly into the nearest natural stream, lake, or other public or private waters;
(E) Regulate the alteration of wetland systems to prevent excessive sediment pollution, increased and rapid water runoff, excessive nutrient runoff pollution, and to maintain the aesthetic appearance of the wetlands; and
(F) Prevent the development of structures in areas which will adversely affect the public passage and use of creeks, marshes, lowlands, and watercourses within the city.
(Ord. 199, passed 2-7-2000)
§ 154.236 DISTRICT APPLICATION.
(A) The W (or Wetland Systems) District shall be applied to, and super-imposed upon, the zoning districts contained herein, existing or amended by the text and map of this chapter. The regulations and requirements imposed by the Wetland Systems District shall be in addition to those established for the district which jointly apply. Under the joint application of districts, the more restrictive requirements shall apply.
(B) The Wetland Systems District within the city is defined and established to include those areas, which include any watercourse, natural drainage system, waterbody, or wetland, that may be subject to periodic flooding, overflow, or seasonally high water tables. The district boundary lines shall be established at the edge of the aforementioned areas as depicted on the “Wetland Systems Map” and interpreted by the Zoning Administrator. The Wetland Systems Map is based upon geographical, hydrological, and surficial geological data obtained from the United States Department of Agriculture Soil Conservations Service and field surveys. These specific soils and areas are characterized as unsuitable for development due to their poor drainage qualities, flooding proneness, poor texture, high water table depth, and general organic content.
(C) The Department of Natural Resources, Corp. of Engineers, and the County Engineer have authority over, and are responsible for, all wetland areas.
(Ord. 199, passed 2-7-2000)
§ 154.237 PERMITTED USES.
The following operations and vises are permitted in the Wetland Systems District as a matter of right, subject to any other applicable code, ordinance, or law:
(A) Grazing, farming, nurseries, gardening, and harvesting of crops;
(B) Sustained yield forestry and tree farms;
(C) Conservation of soil vegetation, water, fish, and wildlife;
(D) Scientific research and educational activities that teach principles of ecology and conservation;
(E) Leisure activities such as hiking, nature studies, canoeing, boating, camping, fishing, horseback riding, and general outdoor recreation, including play and sporting areas, that are not inconsistent with the intent of this subchapter; and
(F) Essential services.
(Ord. 199, passed 2-7-2000)
§ 154.238 DEVELOPMENT REGULATIONS.
For lakes, ponds, or flowages, no structure, except boat houses, piers, and docks, shall be placed at an elevation that the lowest floor, including the basement floor, is less than three feet above the highest known water level. In those instances where sufficient data on known high water levels are not available, the elevation of the line of permanent shoreland vegetation shall be used as the estimated high water elevation. When fill is required to meet this elevation, the fill shall be allowed to stabilize, and construction shall not begin until the property has been inspected by the Zoning Administrator. Cut slopes shall be a maximum of 1:1, or 100%; fill slope 3:1 or 30%; and construction slope 5:1, or 20%.
(Ord. 199, passed 2-7-2000)