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Draft Rules <br />opposite shore. <br />B. For the purposes of this subpart, height must be measured on <br />the side of the structure facing the Mississippi River, and: <br />(1) for buildings, height must be measured from the <br />lowest adjacent grade to the highest point of a flat or <br />mansard roof or the average height between the <br />eaves and highest ridge for pitched, hip, or gambrel <br />roofs; and <br />(2) for nonbuilding structures, height must be measured <br />from the lowest adjacent grade to the highest point of <br />the structure. <br />C. Item A does not apply to: <br />(1) industrial structures, barge facilities, terminal facilities, <br />wastewater treatment facilities, elevators, and <br />refineries that need to be taller for operational <br />reasons, subject to performance standards to reduce <br />visual impacts as determined necessary by the local <br />government; <br />(2) barns, silos, and similar farm structures; <br />(3) bridges, bridge approach roadways, and public <br />utilities, except cellular telephone towers as provided <br />under subitem (7), according to part 6106.0110; <br />(4) historic sites; <br />(5) public safety facilities; <br />(6) chimneys, church spires, flag poles, mechanical service <br />stacks, public monuments, ventilation equipment, and <br />similar equipment; and <br />(7) cellular telephone towers with a conditional use <br />permit or interim use permit, provided: <br />(a) the tower is not located in the bluff impact zone, <br />shore impact zone, or slope preservation zone; <br />(b) the tower creates minimal interference with views <br />to the river from public park land and to bluffs from the <br />ordinary high water level of the opposite shore; and <br />(c) the applicant demonstrates that functional coverage <br />cannot be provided through colocation, a tower at a <br />lower height, or a tower at a location outside the <br />Mississippi River Corridor Critical Area. <br />Subp. 2. Setbacks. <br />A. Structures, including accessory structures, and impervious <br />surfaces must meet the following setback requirement from <br />the ordinary high water level of the Mississippi River and other <br />waters within the Mississippi River Corridor Critical Area, as <br />specified for each district: <br />28 <br />Commentary <br />How height is measured <br />Established Grade <br />Item C lists structures that are exempt from <br />the height limits. Exemptions in items 1-4 are <br />from EO 79-19. Exemptions in items 5-7 are <br />based on local government requests. <br />This subpart describes the structure setbacks <br />in each district from the ordinary high water <br />level of the Mississippi River and other rivers <br />tributary to the Mississippi River in the <br />MRCCA. <br />6106.0100 <br />