(A) Electrical lines serving all new or replaced metered electrical service panels shall be installed underground in an approved manner in accordance with the utility company requirements in the following situations:
(1) In the case of any new construction in a residential zone;
(2) In the case of any new construction in a non-residential zone;
(3) Any time there is an addition in square footage to a residential dwelling of at least 25% of the original square footage of the dwelling. Multiple additions within a twelve-month period shall be considered cumulatively in determining the total square footage addition;
(4) Any time there is an alteration to a residential dwelling which is valued at more than 50% of the total assessed value of the property. Multiple alterations within a twelve-month period shall be considered cumulatively in determining the total amount of the increased value;
(5) Any time there is any alteration or addition to a non-residential building; or
(6) Any time property is developed in an underground utility assessment district.
(B) Appeals/In Lieu Fees - Residential Development.
(1) In cases of residential development, if the undergrounding requirement creates a hardship due to the location of an existing building or other extenuating conditions, an appeal may be made to the City Planner or the City Planner's designee for an overhead connection. Factors which the City Planner may consider in determining whether to grant a waiver of the undergrounding requirement include, but are not limited to those set forth below. Economic hardship is not a factor which will be taken into consideration.
(a) Physical constraints due to the location of existing buildings;
(b) That the power pole is located on an adjacent property and the appellant is unable to obtain the needed permission to perform the work on such property.
(2) In cases where an appeal is granted, the applicant shall be required to pay an in-lieu fee to the City in an amount established by resolution of the City Council which fee shall be used for future undergrounding in the area.
(3) All appeals shall be in writing and shall state the reasons for requesting an appeal. Applications shall be accompanied by an appeal fee in an amount established by resolution of the City Council. All determinations subject to this section shall be issued in writing within 30 days of application to the City Planner.
('65 Code, § 8-5.05) (Ord. 355-C.S., passed - - ; Am. Ord. 458-C.S., passed 11-21-95; Am. Ord. 535-C.S., passed 1-20-04) Penalty, see § 10.99
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