1178.01 PUBLIC UTILITY PERMITS.

   (a)   For purposes of this chapter, "public utility" shall have the same meaning as that one set forth in Ohio Revised Code Section 4905.03.

   (b)   No Public Utility shall be permitted to construct new structures, facilities or any associated conduits within the City unless the Public Utility has received a valid permit issued by the Division of Planning, Zoning and Building.

   (c)   The Division of Planning, Zoning and Building shall issue a permit without the review of the Planning Commission if the Public Utility's application is capable of meeting any one of the following conditions relating to the proposed project:

      (1)   Detailed plans evidencing that all structures, facilities or associated conduits being constructed within the City will be buried at a depth of no less than two (2) feet, or as required by law;

      (2)   Detailed plans evidencing that no structures, facilities or associated conduits would be constructed within 1000 feet, or abutting 1000 feet of residentially zoned properties, or within 1000 feet of the historic district and the T1 district;

      (3)   Detailed plans evidencing that all structures, facilities or associated conduits constructed within the City will be constructed within those areas of the City zoned as Manufacturing, Processing, and Wholesale (I-1), Commercial (C-1, C-2 or C-3) and/or Mixed Use (M-1).

   (d)   All determinations for granting permits under subsection (c) hereof shall be made based on the City of Aurora Zoning Districts and Maps at the time the application for a permit is submitted. The Division of Planning, Zoning and Building shall determine if plans are sufficient for submittal to the Planning Commission.

   (e)   In the event the Public Utility does not submit detailed plans sufficient to grant a permit under subsection (c)(1), (2) or (3) above, the Planning Commission shall nonetheless consider the proposed application and make a recommendation of whether the Division shall issue the permit. That recommendation shall be made in accordance with the Planning Commission's purpose, as described in the Codified Ordinances of Aurora, Ohio, and be based on various factors, including, but not limited to, the potential inpact to the City of Aurora's master plan and the general welfare of the citizens of the City. The Division of Planning, Zoning and Building may issue a permit under this chapter upon the Planning Commission's recommendation.

   (f)   Any deviation from the approved plans submitted by the Public Utility to receive a permit under this chapter shall be submitted as a supplemental permit application and reviewed in the same manner as if the application were being submitted for the first time.

   (g)   Whoever violates any of the provisions of this chapter shall be fined not more than one thousand dollars ($1,000.00). Each day a violation continues shall constitute a separate offense.

(Ord. 2017-119. Passed 9-11-17.)