§ 26-65-030. Prohibited uses and exceptions.

Except as allowed by Section 26-65-040, grading, vegetation removal, agricultural cultivation, structures, roads, utility lines, and parking lots shall be prohibited within any stream channel or streamside conservation area.

A.

An exception to this prohibition may be approved by the director with a zoning permit if:

1.

It makes a parcel unbuildable, provided vegetation removal is minimized;

2.

The use involves the minor expansion of an existing legally established structure in conformance with Article 94 where it is demonstrated that the expansion will be accomplished with minimum vegetation removal and protection of riparian functions;

3.

The use involves only the maintenance, restoration, or reconstruction of an existing legally established structure or use in conformance with Article 94; or

4.

The director determines that the affected area has no substantial value for riparian functions.

B.

An exception to this prohibition may be approved with a use permit if a conservation plan is adopted that provides for the appropriate protection of the biotic resources, water quality, floodplain management, bank stability, groundwater recharge, and other applicable riparian functions. Off-site mitigation will be considered only where on-site mitigation is infeasible or would provide superior ecological benefits, as determined by the director.

(Ord. No. 6089, § I(d)(Exh. A), 11-24-2014)