No dwelling, main building, or permanent accessory building, or structure shall be located within a recorded easement area unless the property owner either produces evidence satisfactory to the Zoning Administrator that the easement has been abandoned or vacated, or executes a recordable document, in an application approved by the Chief Building Official and Public Works Director or their designees, providing that (i) the property where the structure will be placed is subject to an easement; (ii) the owner of the easement expressly approves the placement of the structure within the easement boundaries; (iii) the property owner acknowledges that the structure may be required to be relocated; and (iv) the property owner will bear all costs of moving the structure, including damage to the property, in the event an easement needs to be accessed.
A. Location: Any structure, whether permanent or otherwise, placed in an easement area shall be located pursuant to the setback and other applicable requirements of this title.
B. No Expansion Of Legal Rights: Nothing in this section is intended to expand or restrict the rights or obligations of any party to any recorded easement.
C. Abandonment Or Vacation: Lack of maintenance or the appearance of abandonment, does not constitute abandonment or vacation of easement for purposes of this section.
D. Fences in general are allowed as a conditional use permit and may be subject to any additional restrictions based on underlying easement and zoning requirements.
E. Fees: Upon application for encroachment approval, a fee shall be paid by applicant as per city fee schedule. If it is determined that the requested encroachment is rejected, application, submitted paperwork, and fee shall be returned to the requester. (Ord. 05-04-2021A, 5-4-2021; amd. Ord. 08-02-2022A, 8-2-2022)