(a) General applicability.
(1) The provisions of this code shall apply to all land, buildings, structures, and uses of land, buildings, and structures, or portions thereof, located within the municipal boundaries of the City of Middletown. The provisions of this code are the minimum requirements adopted to meet the purposes of this code as established in § 1202.01: Purpose.
(2) The regulations established for each district in this code shall apply uniformly to each class or type of use, land, building, or structure.
(3) No building, structure, or land shall be used or occupied and no building, structure, or part thereof shall be structurally altered except in conformity with all of the regulations herein specified for the district in which it is located.
(b) Essential services exempted.
(1) The erection, construction, alteration, maintenance, or use of City-owned or leased lands, buildings, or structures shall be exempt from the provisions of this code.
(2) The erection, construction, alteration, or maintenance by City utilities or City departments, boards, or commissions, of overhead, surface or underground gas, electrical steam, or water, distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, poles, electrical substation, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such City utility or City department, board, or commission or for the public health, safety, or general welfare, shall be exempt from the regulations of this code. Provided, however, that the installation shall conform to Federal Communications Commission and Federal Aviation Agency rules and regulations, and those of other authorities having jurisdiction.
(3) Except for Chapter 1222: Subdivision Design, this code does not regulate dedicated public rights-of-way.
(4) Utility structures.
A. Large ground-mounted utility structures or cabinets that exceed six square feet of surface area on any one side shall not be exempt from the provisions of this code.
B. Such structures or cabinets, that may include, but are not limited to, video-ready access device (VRAD) cabinets, shall be classified and reviewed as "utility structures" in § 1204.08, regardless if the structure is a principal use or accessory use on the subject site.
(Ord. O2018-02, passed 2-20-2018)