§ 154.05  USE OF PROPERTY WITHIN SEWER EASEMENTS.
   (A)   This section shall be deemed the city Sewer Easement Ordinance.
   (B)   This section shall restrict the use of land within any sewer easement dedicated, acquired, or purchased by the city.
   (C)   Any landowner who owns real estate which is burdened by a sewer easement of the city, his successors and assigns, may use the real estate included within the easement for the following purposes:
      (1)   Yard, green space;
      (2)   Any agricultural purposes other than structures;
      (3)   Parking lots;
      (4)   One drive way per residence;
      (5)   Placement of small mini barns, storage sheds, or other portable buildings which can be drug or moved from place to place;
      (6)   Fences;
      (7)   Any other use approved by the Noblesville Board of Works and Safety.
   (D)   Any landowner who owns real estate which is burdened by a sewer easement of the city, his successors and assigns, shall not place any permanent building or structure within any part of a sewer easement.
   (E)   In the event it becomes necessary for the city to enter a sewer easement to perform maintenance, the city shall be responsible for restoring any improvements constructed or installed within the easement as long as the improvements are permitted under division (C) above.
   (F)   Any person seeking the approval of any land use within a sewer easement of the city not specifically covered by this section may apply to have such use approved by the Board of Public Works and Safety.  The application shall be obtained from the Department of Planning and shall set forth in detail the use proposed by the owner.
   (G)   The Board of Public Works and Safety shall consider any application filed pursuant to division (F) above within 25 days of filing.
(Ord. 20-5-96, passed 5-13-96)