§ 58.202. Exemptions.  


Latest version.
  • The following structures and uses shall be exempt from the use regulations of this Code. This exemption does not preclude regulation of the construction of such facilities where specifically set forth in this Code.

    Utility Installations. Wires, cables, conduits, vaults, laterals, pipes, mains, valves, or other similar equipment for the distribution to consumers of telephone or other communications, electricity, gas or water, or the collection of sewage or storm water operated or maintained by a governmental entity or a public utility including customary meter pedestals, telephone pedestals, distribution transformers, and temporary utility facilities required during building construction, whether any such installation is located underground or aboveground. This exemption shall not include any substation located on or above the surface of the ground, which shall be regulated by the provisions of Chapter 58, Part 1, Zoning District and Use Regulations and utility structures larger than 36 in. by 17 in. and 36 in. high which are not exempt; and

    Railroad Facilities. Railroad tracks, signals, bridges and similar facilities and equipment located on a railroad right-of-way and maintenance and repair work on such facilities and equipment. This exemption shall not include any switching yard, storage or repair building or other facilities and equipment regulated by the provisions of Chapter 58, Part 1, Zoning District and Use Regulations.

(Ord. of 9-16-1991, Doc. #25094; Ord. of 7-26-1993, Doc. #26769; Ord. of 5-20-1996, Doc. #29361)