§ 16-93. Exemptions.

The following uses shall be exempted:

(1)

Land uses existing prior to the adoption of the ordinance from which this article is derived.

(2)

Mining activities permitted by the Department of Natural Resources under the Surface Mining Act.

(3)

Utilities from the stream corridor buffer and setback area provisions in accordance with the following conditions if the utilities to be located in the buffer or setback areas cannot feasibly be located outside these areas:

a.

The utilities shall be located as fer from the stream bank as reasonably possible.

b.

The installation and maintenance of the utilities shall be such to protect the integrity of the buffer and setback areas as best as reasonably possible.

c.

The utilities shall not impair the quality of the drinking water stream.

(4)

Specific forestry and agricultural activities in the stream corridor buffer and setback areas in accordance with the following conditions:

a.

The activity shall be consistent with best management practices established by the state forestry commission or the state department of agriculture.

b.

The activity shall not impair the quality of the drinking water stream,

(Code 1998, § 16-306; Ord. of 6-21-2001, § 16-306)