The following uses and structures shall be exempt from the requirements and regulations of this chapter:
(A) Pavement, road base, curbs, gutters, wires, cables, conduits, vaults, laterals, pipes, mains, valves or other equipment used for the distribution of telephone or other communications. Electricity, gas, water collection of sewage or storm water runoff; or for public streets, highways, bikeways and sidewalks; provided, the facilities are operated or maintained by a governmental entity or public or underground; and when located in street right-of-way or other public right-of-way or easement for that purpose. Material storage, solid waste disposal sites and electrical substations are not included in this exemption;
(B) Establishment, operation, maintenance, repair or preservation construction of an authorized public facility, including public streets and highways, bridges and culverts, sewer lines, storm sewer lines and drainage ditches, water lines and communication and energy utility facilities; when located in a street right-of-way or other public right-of-way or easement for that purpose. Material storage, solid waste disposal sites and electrical substations are not included in this exception; and
(C) The following may be exempted from the minimum setback requirements or height requirements at the time of site plan review, when the structures are located outside the public right-of-way and are obviously intended to serve the public interest: telephone booths and pedestals; utility equipment; mail boxes; bus shelters; public bicycle racks or shelters; utility and street sign poles; kiosks; and other similar structures or devices.
(Ord. 225, passed 10-20-1994, § 4)