§ 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 development that was allowed prior to September 22, 2005; unless such development required obtaining a land use decision, or a building , erosion control or grading permit;

   C.   A building permit for a phased development project for which the applicant has previously met the application requirements, so long as the site for new construction was identified on the original permit and no new portion of the natural resource areas will be disturbed;

   D.   Where a property has been subdivided under § 17.5.035E. of these NRA provisions, and the mitigation requirements of § 17.5.035D. have been completed for the subdivision , development on the individual lots may proceed without further review under this Code;

   E.   Limited types of development , redevelopment, operations and improvements, including the following:

      1.   Maintenance, alteration, expansion, repair and replacement of existing structures , provided that:

         a.   The rebuilding of existing residential and non-residential structures damaged by fire or other natural hazards occurs within the same foundation lines (“building footprint ”); and

         b.   The alteration, expansion or replacement of a structure will not intrude more than 500 square feet into the natural resource areas , and so long as the new intrusion is no closer to the protected water feature than the preexisting structure or improvement.

      2.   Minor encroachments not to exceed 120 square feet of impervious surface such as accessory buildings , eave overhangs, exterior building improvements for access and exiting requirements or other similar features;

      3.   Temporary and minor clearing not to exceed 200 square feet for the purpose of site 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 natural resource areas on a lot 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 development  application , the review process shall use the original mapped natural resource areas , subject to map verification, as the basis for determining the Maximum Disturbance Area in § 17.5.035B. and mitigation 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 perimeters , including the installation of new irrigation systems within existing gardens, pastures, lawns and landscape perimeters ;

      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 natural resource areas is proposed;

      8.   Maintenance and repair of existing streets , railroads, shipping terminals and utilities within rights-of-way, easements and access roads;

      9.   Existing water-dependent uses that can only be carried out on, in, or adjacent to water because they require access 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 wetlands , 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 use , outside of Water Quality Resource Areas, including, but not limited to, multi-use paths, access 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 impervious surface ; 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 person or agency undertaking the action shall fully restore any impacts to the natural resource areas 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)