16.10.030 Exemptions.
The activities listed below are exempt from the provisions of this chapter. The final determination of whether an activity is exempt is an administrative function of the city. Exempt activities shall be conducted using all reasonable methods to avoid impacts to critical areas. Exemption from the regulations in this chapter shall not be considered permission to degrade a critical area or ignore risks from natural hazards. Incidental damage to, or alteration of, a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated at the responsible party’s expense.
(1) Emergency construction necessary to protect life or property from immediate damage by the elements. An emergency is an unanticipated event or occurrence which poses an imminent threat to public health, safety, or the environment, and which requires immediate action within a time too short to allow full compliance. Once the threat to the public health, safety, or the environment has dissipated, the construction undertaken as a result of the previous emergency shall then be subject to and brought into full compliance with this chapter.
(2) Normal maintenance or repair of existing legal buildings, structures, roads or development, including damage by accident, fire or natural elements. Normal repair of buildings and structures involves restoring to a state comparable to the original condition, including the replacement of walls, fixtures and plumbing; provided, that:
(a) The value of work and materials in any 12-month period does not exceed 25 percent of the value of the structure prior to such work as determined by using the fair market value for such structure as established by an appraisal or realtor’s market analysis provided by the applicant if requested by the city and the most recent ICBO construction tables;
(b) The repair does not expand the number of dwelling units in a residential building;
(c) The building or structure is not physically expanded; and
(d) In the case of damaged buildings and structures, a complete application for repair is accepted by the town within six months of the event and repair is completed within the terms of the permit.
(3) Existing agricultural activities normal or necessary to general farming conducted according to industry-recognized best management practices, including the raising of crops or the grazing of livestock.
(4) Site investigative work necessary for land use application submittals such as surveys, soil logs, percolation tests and other related activities. In every case, critical area impacts should be minimized and disturbed areas shall be immediately restored.
(5) Passive recreational activities, including, but not limited to: fishing, bird watching, hiking, hunting, boating, horseback riding, skiing, swimming, canoeing, and bicycling, provided the activity does not alter the critical area or its buffer by changing existing topography, water conditions or water sources.
(6) Minor safety improvements to state and local transportation facilities with proven minor impacts on critical areas. (Ord. 563 § 1, 2019; Ord. 367 § 2, 2005)