§ 17.5.015 EXEMPT USES AND CONDITIONED ACTIVITIES.
   The following uses and activities are exempt from the requirements of this section:
   A.   Change of ownership;
   B.   Where construction of a residence was completed before January 1, 2006, the owners or residents shall not be restricted from engaging in any that was allowed prior to September 22, 2005; unless such required obtaining a land decision, or a , erosion control or grading permit;
   C.   A for a phased project for which the has previously met the requirements, so long as the for was identified on the original permit and no new portion of the will be disturbed;
   D.   Where a property has been subdivided under § 17.5.035E. of these NRA provisions, and the requirements of § 17.5.035D. have been completed for the , on the individual may proceed without further review under this Code;
   E.   Limited types of , redevelopment, operations and improvements, including the following:
      1.   Maintenance, alteration, expansion, repair and replacement of existing , provided that:
         a.   The rebuilding of existing residential and non-residential damaged by fire or other natural hazards occurs within the same foundation lines (“ ”); and
         b.   The alteration, expansion or replacement of a will not intrude more than 500 square feet into the , and so long as the new intrusion is no closer to the protected water feature than the preexisting or improvement.
      2.   Minor encroachments not to exceed 120 square feet of such as , eave overhangs, exterior improvements for and exiting requirements or other similar features;
      3.   Temporary and minor clearing not to exceed 200 square feet for the purpose of investigations and pits for preparing soil profiles, provided that such areas are restored to their original condition when the investigation is complete;
      4.   Up to 10% of vegetative cover within the original mapped on a or parcel may be removed, provided that no more than 20,000 square feet is removed; and provided that if more than 10% has been removed at the time of a   , the review process shall use the original mapped , subject to map verification, as the basis for determining the Maximum Disturbance Area in § 17.5.035B. and standards in §§ 17.5.035D. and § 17.5.040B., § 17.5.040C., § 17.5.040D.1.b. and § 17.5.040D.2.d.;
      5.   Maintenance of existing gardens, pastures, lawns and landscape , including the installation of new irrigation systems within existing gardens, pastures, lawns and landscape ;
      6.   Removal of plants identified as nuisance or prohibited plants on the Metro Native Plant List and the planting or propagation of plants identified as native plants on the Metro Native Plant List. Handheld tools must be used to remove nuisance or prohibited plants, and after such removal all open soil areas greater than 25 square feet must be replanted;
      7.   Maintenance, alteration, repair and replacement of roads and utilities when no additional incursion into the is proposed;
      8.   Maintenance and repair of existing , railroads, shipping terminals and utilities within rights-of-way, and roads;
      9.   Existing uses that can only be carried out on, in, or adjacent to water because they require to the water for waterborne transportation or recreation;
      10.   Operation, maintenance and repair of manmade water control facilities such as irrigation and drainage ditches, constructed ponds or lakes, wastewater facilities and stormwater pretreatment facilities;
      11.   Projects with the sole purpose of restoring or enhancing , streams or fish and wildlife habitat areas, provided that the project is part of an approved local, state or federal restoration or enhancement plan; and
      12.   Low-impact outdoor recreation facilities for public , outside of Water Quality Resource Areas, including, but not limited to, multi- paths, ways, trails, picnic areas or interpretive and educational displays and overlooks that include benches and outdoor furniture, provided that the facility meets the following requirements:
         a.   It contains less than 500 square feet of new ; and
         b.   Its trails shall be constructed using non-hazardous, pervious materials, with a maximum width of four feet.
   F.   Emergency procedures or activities undertaken which are necessary to remove or abate hazards and nuisances or for the protection of public health, safety and welfare; provided that such remedial or preventative action must take place within a timeframe too short to allow for compliance with the requirements of this Code. After the emergency, the or agency undertaking the action shall fully restore any impacts to the resulting from the emergency action. Hazards that may be removed or abated include those required to maintain aircraft safety.
(Ord. 2009-01, passed 3-9-2009)