(A) Exempted from the provisions of this subchapter are:
(1) Trees, flower gardens, plots of shrubbery, vegetable gardens and vegetation planted for ornamental purposes; and
(2) Lots or parcels of land devoted to growing corn or small grains such as wheat, oats, barley or rye. An exemption under the terms of division (A) above cannot be claimed unless the land has been cultivated and cared for in a manner appropriated to the exempt categories.
(B) The provisions and requirements of this subchapter shall not apply to any lands which are situated within the wetlands or floodplains of any natural lakes, ponds, streams or watercourses, or any area between the lower or upper banks of the lakes, ponds, streams or watercourses.
(C) The provisions and requirements of this subchapter shall not apply to an area designated a natural area by the village, or over which lot or parcel of land a conservation easement is recorded and in effect.
(D) The provisions and requirements of this subchapter shall not apply to an area:
(1) That by virtue of its size and location, the area would be suitable to retain in a natural state;
(2) The unique vegetation located on the proposed natural area should be preserved in a natural state to enhance the environment;
(3) The topography of the proposed natural area (such as steep slope, wetness, inaccessibility and the like) would create a substantial undue hardship to the owner were the subchapter cutting requirements strictly enforced as to the designated natural area; or
(4) Is within the village designated as parts of public recreation areas.
(E) The owners, occupants, agents and other persons having control or management of land may ask the Commissioner for an exception to this subchapter based on compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. The Commissioner is authorized to grant the exceptions.
(F) Exceptions authorized under division (E) above will be valid for one year and must be renewed each year. Exceptions will be valid from January 1 of the current year to December 31 of the current year. All exception requests granted by the Commissioner under division (E) above must be presented to the Council at its next regularly scheduled meeting, or as soon as possible.
(Ord. 73, passed 7-10-2006)