§ 134-3. Exemptions from chapter.  


Latest version.
  • The following are exempt from complying with the provisions of this chapter:

    (1)

    Unless otherwise provided by law or ordinance, all federal, state, county and municipal government agencies and boards of authority owned, operated and leased facilities as well as facilities owned, operated or leased by others that have received the county's permission to be located on land owned or leased by the county shall be exempt from the provisions of this chapter; however, the county shall be required to meet all of its other development codes, regulations and ordinances.

    (2)

    Any entity that may be entitled to exercise the power of eminent domain shall nevertheless be limited solely to the construction of facilities that are reasonably necessary for the purposes for which the entity was granted the power of eminent domain by applicable law. Any such entity which seeks to construct (or allow others to construct) facilities that are not reasonably necessary for the purposes for which the entity was granted the power of eminent domain shall not be exempt from the provisions of this chapter with respect to such facilities, even if those facilities are placed on or connected with facilities that were originally constructed, or are to be constructed, pursuant to this exemption.

    (3)

    A single antenna under 70 feet in height owned and operated by a federally licensed amateur radio station operator shall be exempt from the provisions of this chapter.

    (4)

    Flagpoles displaying the American flag, basketball goals, gaslight poles, and permanent recreational facilities (home use) such as volleyball, badminton and trampoline equipment are exempted from the requirements pertaining to accessory uses.

(Ord. of 12-26-72; Ord. of 12-11-90, § 3-28-11.2; Ord. of 2-9-99)