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Lakeville City Zoning Code

CHAPTER 26

ESSENTIAL SERVICES

11-26-1: PURPOSE:

The purpose of this chapter is to provide for the installation of essential services such as telephone lines, pipelines, electric transmission lines and substations 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. (Ord. 674, sec. 1, 7-17-2000)

11-26-3: APPLICATION:

This chapter shall not apply to overhead electric transmission lines and substations greater than one hundred (100) kV or radio and wireless communication systems and facilities, which are governed by chapter 30 of this title. (Ord. 762, sec. 11, 4-5-2004)

11-26-5: ADMINISTRATIVE PERMIT REQUIRED:

   A.   All telephone lines, pipelines and structures for local distribution, underground electric transmission lines, and overhead electric transmission lines and substations less than thirty three (33) kV, when installed in any public right of way in any zoning district, shall require an administrative permit approved by the zoning administrator and subject to review and comment of the city engineer.
   B.   All telephone lines, pipelines and structures for local distribution, underground electric transmission lines, and overhead electric transmission lines less than thirty three (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 an administrative permit issued by the zoning administrator after approval by 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 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 its 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 chapter, 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.
      5.   Upon receiving the approval of the city engineer, the zoning administrator shall issue an administrative 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 adjustments and appeals under the rules and procedures as set forth in chapter 7 of this title. (Ord. 674, sec. 1, 7-17-2000)

11-26-7: CONDITIONAL USE PERMIT REQUIRED:

All transmission pipelines (i.e., pipelines not required for local distributing network), overhead transmission and substation lines in excess of thirty three (33) kV and up to one hundred (100) kV and public transit and park and ride facilities shall be a conditional use in all districts subject to the procedural requirements and standards stipulated in this chapter and chapter 4 of this title. (Ord. 867, sec. 78, 5-17-2010)

11-26-9: PERFORMANCE STANDARDS:

Essential services shall be subject to the following:
   A.   All distribution lines shall be underground.
   B.   Outdoor storage of materials or equipment shall be prohibited.
   C.   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 chapter 5 of this title.
   D.   All facilities shall be landscaped and screened to the extent practical and applicable pursuant to chapter 21 of this title.
   E.   The size and number of accessory buildings are to be minimized to the extent possible and are to house only equipment directly related to the operation of the facility in question.
   F.   The architectural appearance of all structures and buildings shall be in harmony with the primary uses within the vicinity of the site. (Ord. 674, sec. 1, 7-17-2000)
   G.   Public transit and public park and ride shelters and walkways may be located within public rights of way or on individual lots and shall be exempt from the setbacks required from public rights of way by the zoning district in which it is located. (Ord. 867, sec. 79, 5-17-2010)