§ 86-35. Exemptions.

The following uses are exempt from the river corridor protection plan.

(1)

Land uses existing prior to the promulgation of the county river corridor protection district. For the purposes of this article a pre-existing use is defined as any land use or land disturbing activity, including all human endeavors directly associated with such use or activity, which, prior to the promulgation of this article falls within one of the following categories. (See section 86-34(f) for additional regulations governing pre-existing industrial and commercial uses.)

a.

Is completed;

b.

Is under construction;

c.

Is fully approved by the governing authority;

d.

All materials have been submitted for approval by the governing authority; or

e.

Is zoned for such use and expenditures in excess of $2,500.00 have been made in preparation for construction in accordance with such zoning.

(2)

Mining activities, if permitted by the state department of natural resources pursuant to the Georgia Surface Mining Act of 1968 (O.C.G.A. § 12-4-70 et seq.).

(3)

Utilities, except as discussed in section 86-34(g), if such utilities cannot feasibly be located outside the buffer area (feasibility shall be decided conservatively by the local government), provided that:

a.

The utilities shall be located as far from the river bank as reasonably possible;

b.

Installation and maintenance of the utilities shall be such as to protect the integrity of the buffer area as well as is reasonably possible; and

c.

Utilities shall not impair the drinking quality of the river water.

(4)

Specific forestry and agricultural activities except as discussed in sections 86-34(h)(1) and 86-34(h)(6).

(Ord. of 9-23-1999, § V)