The following land uses or activities are exempt from the requirements of this article:
(1) Agriculture and forestry, provided that such activities are consistent with the best management practices established by the state division of forest resources or the state natural resources conservation service, consistent with all state and federal laws, and all applicable regulations promulgated by the state.
(2) Landscape maintenance activities including the removal of diseased, dead or damaged trees; provided, however, that such activities shall be carried out in conformance with applicable regulations of this article or other resolutions that might apply.
(3) Any land disturbing activity on any land which was contained in or subject to any site-specific development plan granted a statutory vested right.
(4) Additions to single-family residences, on legal lots of record, properly permitted and approved prior to the effective date of the ordinance from which this article is derived, shall be permitted, subject to the following:
a. The addition complies with the requirements of section 36-399 herein.
b. The height of the building addition does not exceed the height of the existing building or the maximum height permitted pursuant to the regulations contained herein, whichever is greater.
c. No land disturbance is required to accomplish the building addition that would encroach on any reserved area, or that exceeds the land disturbance maximum specified herein.
d. The building addition is in conformity with the purposes and intent and consistent with regulations of this chapter as determined by the community development director or designee.
(5) Development of subdivisions for which preliminary or final plat approval has been granted prior to the effective date of the ordinance from which this article is derived. Lots in any such subdivision, the final plat for which was recorded in the office of the register of deeds subsequent to November 18, 2008, shall be deemed existing lots of record in accordance with section 36-394.
(Code 1989, § 92.203; Ord. of 11-18-2008; Ord. of 3-10-2009)