(A) Use exceptions. Several types of structures and uses are permitted in all districts even though they are not listed as permitted uses under the zoning district regulations. No zoning permit or certificate of compliance is required for the following structures and uses:
(1) A local public utility distributing and collecting structures, such as pipe and transmission lines, transformers and meters;
(2) Public streets and all official appurtenances necessary for traffic direction and safety. All streets and traffic control signs shall conform to the code established and adopted by the state’s Department of Transportation;
(3) Private drive, private parking areas and the parking of vehicles incidental to the principal use on the same premises;
(4) Real estate signs or subdivision signs advertising property for sale or rent with less than an area of 12 square feet; and
(5) Signs not over two square feet in area identifying permitted home occupations or the renting of sleeping rooms on the same premises in Residential Zones.
(B) Height exceptions. Height regulations apply to buildings occupied regularly by persons or their activities. They do not apply to structures or portions of buildings such as radio towers, ornamental spires, water towers, smoke stacks, silos and flag poles which are not occupied regularly by persons except for maintenance, unless otherwise stipulated in this chapter. The Board of Adjustment shall interpret whether or not height regulations apply upon application by the Administrative Officer in doubtful cases. The state’s Airport Zoning and FAA height regulations in the vicinity of an airport shall take precedence over all other height regulations.
(C) Lot of record. Where the owner of a lot of official record, which at the time of the adoption of this chapter, does not include sufficient land to conform to the yard or other requirements of this chapter, an application may be submitted to the Board of Zoning Adjustment for a variance from the terms of this chapter in accordance with provisions of § 152.106 of this code. The lot may be used as a building site provided, however, that the yard and other requirements of the district are complied with as closely as is possible in the opinion of the Board of Zoning Adjustment.
(Prior Code, § 152.080) Penalty, see § 152.999