§ 153.012 ESSENTIAL SERVICES.
   (A)   Public utilities, facilities, and structures shall be classified either as primary utilities or secondary utilities. The term public means the utility serves more than one lot or customer.
   (B)   Primary utilities include facilities and structures which, due to their relatively large size, height, noise of operation, generation of odors, or other factors, could disrupt or diminish the use or enjoyment of surrounding properties. Primary utilities typically include the source of generation or the final destination of the utility which can stand apart from the individual customers or lots which it serves and is typically distributed by secondary utilities. Primary utilities include, but are not limited to, wastewater treatment plants, water treatment plants, water towers, electrical substations, electrical generating facilities, telecommunications towers, and any facility of a height greater than 45 feet (except for utility poles and flag poles) or a size greater than 500 square feet.
   (C)   Secondary utilities include facilities and structures, which, due to their relatively small size, are unobtrusive and do not typically disrupt the use or enjoyment of surrounding properties. Secondary utilities typically include the distribution system of the utility, which must be in direct contact with or in the immediate vicinity of the customers or lots which it serves, and is fed by or feeds to the primary utility. Secondary utilities include, but are not limited to, distribution structures such as pipes and wires, small structures such as hydrants, valves, electrical boxes, and utility poles of 45 feet in height or less.
   (D)   The location, erection, construction, reconstruction, change, alteration, maintenance, removal, use or enlargement of any building or structure of any secondary utility shall be permitted in any zoning district provided every effort is made to protect the character and general welfare of the zoning district.
   (E)   The location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement of any primary utility shall be in conformance with the requirements of the zoning district in which it is located.
(Ord. 1227-98, passed 1-12-1999) Penalty, see § 153.999