ARTICLE 9-9
Utility Poles and Wires

Section

9-9-1    Definitions

9-9-2    Permit for erection; exceptions

9-9-3    Procedure for obtaining permit; denial and appeal

9-9-4    Standards for issuance of permits

9-9-1 DEFINITIONS.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DISTRIBUTION FEEDER. That portion of the distribution system feeding from a distribution substation to a specific load area having a capacity of over 3,000 KVA.

EXISTING UTILITY POLES AND WIRES. Such poles and wires and other facilities as are in place and in operation as of April 22, 1974, and including repairs, replacements, relocations on the same alignment, additions, enlargements, betterments, changes or improvements hereinafter made to maintain or increase service capabilities of existing utility poles, wires, service drops and other facilities, but it does not include extensions made to existing distribution lines.

TRANSMISSION LINE. An electric line used for the bulk transmission of electricity between generating or receiving points and major substations or delivery points having a rating of over 12,000 volts.

UTILITY POLES AND WIRES. Poles and structures, wires, cables, transformers and all other facilities used in or as a part of the distribution or transmission of telephone, telegraph, radio or television communications.

(Prior Code, § 9-9-1)

9-9-2 PERMIT FOR ERECTION; EXCEPTIONS.

After April 22, 1974, no new utility poles and wires shall be erected in the city above the surface of the ground unless a permit is first secured therefor from the City Manager or his or her designee, except that the following construction may be installed without such a permit:

(A) Temporary service facilities, such as facilities to furnish emergency service during an outage, facilities to provide service to construction sites or other service of a limited duration, such as to a fair, carnival, outdoor exhibit or other function where the facilities will be installed for a temporary period only;

(B) Pad-mounted transformers or pull boxes, service terminals, pedestal-type telephone terminals, telephone splice closures or similar on-the-ground facilities normally used with and as a part of an underground electric distribution, telephone, telegraph or television system or on-the-ground facilities attached to existing overhead facilities which are used for the purpose of connecting an underground system with the existing facilities;

(C) Transmission lines and distribution feeder lines, together with related switch yards, substations and related equipment. Service drops from existing overhead lines to new single family residential customers, except when underground service is required by the city’s subdivision regulations.

(Prior Code, § 9-9-2)

9-9-3 PROCEDURE FOR OBTAINING PERMIT; DENIAL AND APPEAL.

Any person seeking a special permit for erection of any new utility poles and wires within the city boundaries and above the surface of the ground shall first make application therefor to the City Manager or his or her designee which application shall be approved or denied. In the event the permit is denied, the applicant may appeal the decision of the City Manager or his or her designee by presenting his or her objections in writing to the Council with a copy to the City Manager or his or her designee within ten days of the City Manager’s or his or her designee’s denial. The City Manager or his or her designee may grant the permit within five days or shall submit the appeal together with a written report of his or her recommendations to the Council within 20 days of the date of receipt of the appeal. The Council may hear arguments and shall decide the matter.

(Prior Code, § 9-9-3)

9-9-4 STANDARDS FOR ISSUANCE OF PERMITS.

A special permit for erection of new utility poles and wires may be granted only in the event the applicant makes an affirmative showing that the public’s general health, safety and welfare and that of adjacent property owners will not be impaired, endangered or jeopardized by the proposed erection. In deciding such matter, the following factors shall be considered:

(A) The location and height of such poles and wires and their relation to present or potential future roads;

(B) The crossing of such lines over much traveled highways or streets, the proximity of such lines to schools, churches or other places where people congregate;

(C) The probability of extensive flying in the area where such poles and wires are proposed to be located and the proximity to existing or proposed airfields;

(D) Fire or other accident hazards from the presence of such poles and wires and the effect, if any, of same upon the effectiveness of fire fighting equipment;

(E) The aesthetics involved;

(F) The future conditions that may be reasonably anticipated in the area in view of a normal course of development;

(G) The practicality and feasibility of underground installations of such facilities with due regard for the comparative costs between underground and overground installations, but a mere showing that an underground installation shall cost more than an overground installation shall not in itself necessarily require issuance of a permit.

(Prior Code, § 9-9-4)