Division 3 — UNDERGROUND FACILITIES[[16]]

Footnotes:

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Editor's note— Ord. No. 10-380, § 1, adopted Jan. 12, 2011, amended div. 3, §§ 9603—9603.4, in its entirety as set out herein. The former div. 3 pertained to similar subject matter.

The following provisions are hereby established to govern the installation of underground utilities for the conversion of existing overhead facilities within the city.

(Ord. No. 10-380, § 1, 1-12-2011)

9603.1. - Development subject to undergrounding provisions.

A.

For purposes of this division 3, the term "development" means either:

1.

The construction of new buildings or structures; or

2.

The expansion, enlargement, modernization, renovation, remodeling, repair, improvement, or alteration of existing buildings or structures for which one (1) or more approvals or permits by or from the city are required, and which adds more than two thousand (2,000) square feet of floor area.

B.

Except as provided in this chapter, all new and existing electrical distribution lines, telephone, cable television, and similar service wires or cables, which are adjacent to and provide service to a development's property, shall be installed underground as a part of development's property from the nearest existing pole not on the development's property with the following exceptions:

1.

In the development of a single-family dwelling upon an existing, subdivided lot in the OA overlay district and RS district when overhead utility distribution lines presently exist. Any new single-family dwelling shall conform to the requirements of section 9603.2 as a part of development.

2.

Temporary utilities along with the necessary service poles, wires and cables during the period when authorized construction is continuing for which valid building permits have been issued or for temporary use authorized under the provisions of the zoning ordinance, building code and other applicable regulations.

3.

Appurtenances and associated equipment, such as surface-mounted transformers, when it is determined by the planning commission that it would be economically unfeasible to underground such equipment.

(Ord. No. 10-380, § 1, 1-12-2011)

In lieu of undergrounding existing distribution lines as a part of development, the planning commission may permit the recording of an agreement guaranteeing that the property will participate in any undergrounding district which is subsequently established by the city. The form of the agreement shall be approved by the city attorney and shall run with the land. This section shall not be applicable to the service lines that lead directly to the building.

(Ord. No. 10-380, § 1, 1-12-2011)

The developer or owner shall be responsible for complying with the requirements of sections 9603 through 9603.2 and shall make the necessary arrangements with the utility company for the installation of such facilities.

(Ord. No. 10-380, § 1, 1-12-2011)

9603.4. - Nonconforming structures.

Buildings or structures which on the effective date of this chapter are nonconforming in regard to aboveground on-site utility lines, may continue to be used, altered, or enlarged in the same manner as if such nonconforming utility lines did not exist. However, when the buildings or structures are enlarged over two thousand (2,000) square feet in floor area or when alteration or enlargement require the installation of additional utility lines at new locations on the buildings and structures, the new and existing electrical distribution lines, telephone, cable television, and similar service wires or cables, which are adjacent to and provide service to the property being developed shall comply with the requirements of this division.

(Ord. No. 10-380, § 1, 1-12-2011)

9603.5. - Optional in-lieu fee for properties located in specified areas within an existing undergrounding district.

In lieu of undergrounding existing distribution lines as a condition of development, a developer or owner whose development is located in a specified area within an existing undergrounding district may request instead to pay an in-lieu fee, in an amount established by resolution of the city council, as a contribution to the future undergrounding of existing overhead utilities. Only those properties located in areas, specifically designated by resolution of the city council, within an existing undergrounding district are eligible for the option of the payment of said in-lieu fee.

(Ord. No. 10-380, § 1, 1-12-2011)

DIVISION 4. - LOT STANDARDS

The purpose of the following lot standards is to amplify and clarify the provisions of the development and special standards of each district.

A.

Required front, side, and rear yards shall be measured as the minimum horizontal distance from the property line of the site or street right-of-way line to a line parallel thereto on the site; provided, that where a specific street plan has been adopted by the city council, site area and required yards shall be measured from such plan line, and no provisions of this title shall be constructed to permit a structure or use to extend beyond such line; and provided further, that where a site abuts a street having only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site. In cases where a highway line has been established as a dashed line on a recorded subdivision map, the front yard shall be measured from said line.

B.

No site shall have less than the required lot width as prescribed in the applicable district, except lots fronting on cul-de-sac or knuckle streets may have no less than thirty-five (35) feet of frontage.

Corner lots shall have extra width at least equal to the width of the minimum street side yard prescribed for a main structure in the district. In no case shall the lot width be less than eighty (80) feet.

The "staff" or fifteen-foot access strip portion of a flag lot shall be excluded when calculating the required area of such lots. In addition, the required width shall be measured at the center of the lot exclusive of the "staff" or fifteen-foot access strip portion.

If a lot or parcel of land has the required area, and after the creation of such lot or parcel of land a part thereof is acquired for street purposes exclusively, in any manner including dedication, condemnation or purchase, and if the remainder of such lot or parcel has seventy-five (75) percent of the required area, then such remainder shall be considered as having the required area, provided the remaining portion of said lot or parcel of land has an area of two thousand five hundred (2,500) square feet, or an area as is otherwise provided herein.

If a lot or parcel of land has the required width, and after the creation of such lot or parcel of land a part thereof is acquired for public use in any manner, including dedication, condemnation or condemnation or purchase, and the remainder of such lot has an average width of at least forty (40) feet, such remainder shall be considered as having the required width.

Except in the case of a conveyance for public use or as otherwise provided in this part, a person shall not divide any lot or parcel of land, and shall not convey any lot or parcel of land or any portion thereof, if as a result of such division or conveyance the area or average width of any lot or parcel of land is so reduced, or a lot or parcel of land is created, which lot or parcel of land has an area or average width less than permitted.