Subd. 1. Purpose. The purpose of this subsection is to provide for the installation of essential services such as telephone lines, pipelines, electric transmission lines, substations, and accessories therewith in such a manner that the health, safety, and welfare of the city will not be adversely affected. Essential services shall also be installed in recognition of existing and projected demands for such services.
Subd. 2. Application. This subsection shall not apply to radio and wireless communication systems and facilities. Regulation of these uses and activities are governed by subsection 1005.03.
Subd. 3. Administrative Permit Required.
1. All essential services such as, but not limited to, cable TV or internet services, and telephone lines, pipelines, and structures for local distribution, underground electric transmission lines and overhead electric transmission lines and substations less than 35 KV, shall require an administrative permit approved by the Zoning Administrator. Approval shall be based upon the information furnished in the following procedural requirements.
a. Prior to the installation of any of the essential services defined above, the owner of such service shall file with the City Engineer, all maps and other pertinent information as deemed necessary by the City Engineer for review of the proposed project.
b. The City Engineer shall document in writing the findings as to the compliance of the proposed project with the Comprehensive Plan and City Code provisions.
c. In considering applications for the placement of essential services, as regulated in this subsection, the City Engineer shall consider the effect of the proposed project upon the health, safety, and general welfare of the city, as existing and as anticipated, and the effect of the proposed project upon the Comprehensive Plan. Additionally, radio transmitters and receivers accessory to an essential service may be located on existing utility poles or light standards within public right-of-way provided the radio transmitters and receivers comply with the following standards.
i. Radio transmitters and receivers located on a utility pole/tower or light standard shall be at least 15 feet above grade.
ii. Radio transmitter and receiver devices shall not exceed 18 inches in length or width, or extend more than 18 inches from the pole. Antennas may not extend more than 24 inches from the equipment.
iii. The applicant shall submit a map prior to issuance of a permit showing the location of all proposed radio transmitters and receivers. The map shall be accompanied by a list of all sites referenced by the closest street address or property identification number. The list of sites must also describe the type of pole to be used.
iv. The applicant shall notify the city of any changes to the approved list prior to erecting or placing any additional equipment in the right-of-way.
v. The applicant shall notify the city, at the time of permit application, of any obstructions that would cause traffic to be re-routed or stopped.
vi. In addition to receiving the necessary permits and approvals, the city may require the applicant to enter into an encroachment agreement.
d. Upon approval of the City Engineer, a permit for the installation and operation of the applicant’s essential services shall be issued. If the Engineer denies the permit, the applicant may appeal said decision to the Board of Appeals and Adjustments under the rules and procedures set forth in subsection 1002.13.
e. The City Engineer may deny a permit or attach conditions to the permit approval to protect the public health, safety, and welfare, to prevent interference with the safety and convenience of ordinary travel over the right-of-way, or when necessary to protect the right-of-way and its users. The City Engineer may consider one or more of the following factors:
i. The extent to which right-of-way space where the permit is sought is available;
ii. The competing demands for the particular space in the right-of-way;
iii. The availability of other locations in the right-of-way or in other rights-of-way for the equipment of the permit applicant; and
iv. The applicability of ordinance or other regulations of the right-of-way that affect location of equipment in the right-of-way.
f. The permittee shall notify the City Engineer upon completion of the work specified in the permit.
Subd. 4. Conditional Use Permit Required. The following require a conditional use permit based upon procedures set forth in and regulated by subsection 1002.08. Additionally, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 1006.07.
1. All transmission pipelines (i.e., pipelines not required for the city local distribution network), and overhead and underground transmission and substation lines in excess of 35 KV and up to 200 KV.
2. All poles and towers used exclusively for the placement of radio receivers and transmitters. In addition to the conditional use permit standards and criteria, poles and towers shall comply with the standards for personal wireless service antennas set forth in subsection 1005.02.
Subd. 5. Performance Standards. Essential services shall be subject to the following.
1. All distribution lines shall be underground.
2. Outdoor storage of materials or equipment shall be prohibited.
3. All poles and similar type structures shall be placed in the public right-of- way or utility easement unless approved as an interim use permit subject to subsection 1002.09.
4. All facilities shall be landscaped and screened to the extent practical and applicable pursuant to subsection 1006.06.
5. The size and number of accessory buildings are to be minimized to the extent possible and are to house only equipment directly related of the operation of the facility in question.
6. The architectural appearance of all structures and buildings shall be in harmony with the primary uses within the vicinity of the site.