(A) Purpose. The purpose of this section is to provide for the installation of essential services such as telephone lines, pipelines, electrical transmission lines and substations in such a manner that the health, safety and welfare of the city will not be adversely affected. Essential services should also be installed in cognizance of existing and projected demands for such services.
(B) All underground telephone lines, fiber-optic or communications cable lines, pipelines for local distribution, underground electric transmission lines, and overhead electric transmission lines and substations less than 33 KV, when installed in any public right-of-way in any zoning district, shall require a special permit approved by the City Engineer. No above-ground equipment, such as utility service cabinets or boxes, shall be constructed without a permit from the City Engineer.
(C) All underground telephone lines, fiber-optic or communications cable lines, pipelines for local distribution, underground electric transmission lines, and overhead electric transmission lines less than 33 KV, which are intended to serve more than one parcel and are proposed to be installed at locations other than in public right-of-way, shall require a special permit issued by the city after approval by the City Engineer. No above-ground equipment, such as utility service cabinets or boxes, shall be constructed without a permit from the City Engineer. Approval by the City Engineer shall be based upon the information furnished in the following procedural requirements:
(1) Prior to the installation of any of the previous essential services, the owner of such service shall file with the Zoning Administrator, all maps and other pertinent information as deemed necessary for the City Engineer to review the proposed project;
(2) The Zoning Administrator shall transmit the map and accompanying information to the City Engineer for his or her review and approval regarding the project's relationship to the comprehensive plan and/or ordinances and parts thereof;
(3) The City Engineer shall report in writing to the Zoning Administrator his or her findings as to the compliance of the proposed project with the comprehensive plan and ordinances of the city;
(4) In considering applications for the placement of essential services, as regulated in this section, the aforesaid city staff 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; and
(5) Upon receiving the approval of the City Engineer, the Zoning Administrator shall issue a special permit for the installation and operation of the applicant's essential services. If the Engineer's report recommends the denial of said permit causing the Zoning Administrator to deny its issuance, the applicant may appeal said decision to the Board of Appeals and Adjustments under the rules and procedures as set forth in this chapter.
(D) All transmission pipelines (i.e. pipelines not required for local distributing network) and overhead transmission and substation lines in excess of 33 KV shall be a conditional use in all districts subject to the following procedural requirements:
(1) Prior to the installation of any of the previous essential services, the owner of such service shall file with the Zoning Administrator, all maps and other pertinent information as deemed necessary for the Planning Commission to review the proposed project;
(2) The Zoning Administrator shall transmit the map and accompanying information to the Planning Commission for its review and recommendations regarding the project's relationship to the comprehensive plan and parts thereof. A part of this review shall be a written report from the City Engineer;
(3) The Planning Commission shall report in writing to the City Council its findings as to compliance of the proposed project with the comprehensive plan;
(4) The City Council shall hold the necessary public hearings as prescribed by this chapter for conditional use; and
(5) In considering the applications for the placement of essential services, as regulated by this section, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed project upon the health, safety and general welfare of the city, existing and anticipated; and the effect of the proposed project upon the comprehensive plan.
(Ord. 583, passed 8-26-2019)