Sec. 35.1-75. Public utilities.
Public utilities permitted by conditional use permit in residential or business districts shall meet the following conditions:
(1) Public utility uses allowed by conditional use permit in residential or commercial districts shall not include any of the following: Power generating plants; incinerators; non-local area telephone and telegraph dial or repeater stations; public transit or railroad car barns, garages, yards, or shops; construction of building materials yards, service truck dispatching, or storage; or uses not enumerated below.
(2) The architectural and landscaping treatment of such use will blend harmoniously with other development in the area.
(3) All such uses shall conform to the performance standards applicable to I-1 districts.
(4) Appropriate conditions and safeguards may be prescribed to minimize adverse effects on the character of the surrounding area, including requirements for soundproofing, for the construction of fences, barriers, or other safety devices, for surfacing of all access roads and driveways, for shielding of floodlights, or other artificial illumination or for landscaping or screening.
(b) Public service establishment. In all districts, the planning commission may permit electric or gas utility substations, limited in each case to a site of not more than ten thousand (10,000) square feet; water or sewage pumping stations; or telephone exchanges or other communications equipment structures; provided, that the following findings are made:
(1) That such use will serve the area within which it is proposed to be located; that there are serious difficulties in locating it in a district wherein it is permitted as of right and from which it could serve the area and which make it necessary to locate such use within the proposed district.
(2) In the case of such electric or gas utility substations or water or sewage pumping stations, that the site for such use has a minimum frontage of fifty (50) feet and a minimum lot area of five thousand seven hundred (5,700) square feet.
(c) Other public utility facilities. In all districts, the planning commission may permit public utility stations for oil or gas metering or regulating or terminal facilities located at water crossings for access to electric, gas, or steam lines; provided, that the planning commission finds that the proposed location, design and method of operation will not have a detrimental effect on the privacy and quiet of the neighborhood and the safety of its inhabitants.
(d) Public transit, railroad or electric utility substations. In all residential or commercial districts, the planning commission may permit electric utility substations (including transformers, switches, or auxiliary apparatus) or public transit or railroad electric substations, limited in each case to a site of not more than forty thousand (40,000) square feet, and in the case of electric utility substations to a site of not less than ten thousand (10,000) square feet, provided that the following findings are made:
(1) That such use will serve either the community within which it is proposed to be located and that there are serious difficulties in locating such use in a nearby district where it is permitted as of right.
(2) In the case of public transit or railroad electric substations, that the site for such use has a minimum frontage of fifty (50) feet and a minimum lot area of five thousand seven hundred (5,700) square feet.
(e) Non-local area substations. The planning commission may permit public transit, railroad, or utility electric substations which will serve a larger area than the residential community within which it is proposed to be located or the residential community immediately adjacent; provided, that the other findings enumerated above are made and provided that the site is not less than forty thousand (40,000) square feet nor more than ten (10) acres.
(f) Overhead electric power and energy transmission and distribution lines. In all residential and commercial districts, the planning commission may permit overhead electric power and energy transmission and distribution lines suspended from multi-legged structures; provided, that the following findings are made:
(1) That the proposed use does not adversely affect the general plan for the physical development of the district as embodied in this ordinance and in any master plan or portion thereof adopted by the city council.
(2) That the proposed use will not adversely affect the health and safety of residents or workers in the area.
(3) That the proposed use at the location selected is necessary for the public convenience and service.
(4) That structures will be so located on the zoning lot that their minimum distance from any lot line will equal the maximum height of the structure above ground level.
(5) That in the balancing of the equities between such convenience and service and any detriment to adjacent properties or the general neighborhood, such overhead line should be permitted at the location selected.
In making such findings, the fact that heavy storms occasionally cause overhead power lines to break and fall to the ground, causing vulnerability to electrocution and interference with circulation shall be considered. Location of overhead power lines should therefor be evaluated in terms of avoiding proximity of the line to schools, hospitals, fire fighting equipment, police stations, employment centers, airports, pedestrian ways, major highways or streets, and other land uses to which a fallen power line would cause a special hazard or interference with an essential service.
Interference of power line structures with existing or potential air traffic shall also be considered.
Last updated date: 10/23/2006 4:15:21 PM