(A) Exception to use regulations. The following uses are exempted by this chapter and permitted by easement in any district: poles; wires; cables; conduits; vaults; laterals; pipes; mains; valves or any other similar distributing equipment for telephone; or other communication and electric power, gas, water and sewer lines.
(B) Exceptions to height regulations. The height limitations of this chapter shall not apply to the following structures: cooling towers; church spires; or any portion of the church structure not intended for human occupancy; belfries; cupolas; elevator bulkheads; and domes; or other structures or portions thereof not intended for human occupancy, monuments, water towers, derricks, conveyors.
(C) Fences.
(1) In accordance with § 156.038, zoning permits may be issued for fences, whether ornamental or privacy, and any portable or moveable building in any easement owned or utilized by the village, including for drainage, utilities or any other purpose provided such fence or building does not block, impede, or negatively impact drainage and utility access through the easement and such use is otherwise allowed and in compliance with the provisions of the zoning code and any other applicable village ordinance.
(2) The village reserves the right, in its sole discretion, to rescind the zoning certificate and remove any fence and any portable or moveable building that is blocking or impacting the drainage and utility access through a village easement. The village shall be responsible for the costs of removing the fence or building, but no compensation or other reimbursement shall be owed or paid by the village.
(3) If a zoning certificate is denied, the denial may be appealed to the Planning and Zoning Commission as provided in this subchapter. A decision to reverse the denial of a zoning certificate shall be based on whether the applicant proves the construction of the fence or moveable building will not impair or negatively impact the village’s need to access or utilize the easement.
(4) The Planning and Zoning Commission shall present its recommendation whether to reverse or uphold the zoning certificate denial to the Village Board of Trustees for its final decision in accordance with existing village code.
(2009 Code, § 40-3-14) (Ord. 15-08, passed 8-31-2015; Ord. 17-24, passed 6-12-2017)