§ 153.060 EXEMPTIONS.
   (A)   The following uses, being essential for the operation of any zoning use district are exempt from all the provisions of this chapter and are permitted in any district: poles, towers, wires, cable, conduits, vaults, pipelines, laterals, or any other similar distributing equipment of a public utility; and provided further that fences, walls, hedges or shrubbery may be erected, placed, maintained or grown to a height not exceeding five feet unless as otherwise specified in this chapter.
   (B)   A structure may be closer than the minimum setback requirements from street right-of-way or the ordinary highwater mark provided that it may observe the average setback of residential buildings on the same side of the street and fronting thereon within the same block.
   (C)   A structure may be erected on a lot of less than minimum area and width provided all of the following conditions are complied with:
      (1)   It existed by virtue of a recorded plat or deed at the time of the adoption of this chapter.
      (2)   Such use is permitted in the zoning district.
      (3)   The lot is in separate ownership from abutting lands.
      (4)   All sanitary requirements of the city are complied with.
   (D)   The lot requirements need not necessarily apply to new plotted land under single ownership, which is proposed for development as a unit. Such developments shall be submitted to the Planning Commission for their consideration and referral to the City Council for approval. Plans for such development shall include plans and other drawings indicating function, floor plans, elevations and typical vehicular circulation system, ingress and egress points and control, special landscape and fencing treatment along abutting land uses of a different type and the layout of adequate off-street parking and loading and unloading facilities and sewer service. Smaller lot sizes may be allowed for planned unit developments provided any attached conditions are met, such as limits on overall density, minimum size of planned unit development, or restriction to residential uses.
(Ord. 126, passed 6-28-76)