HomeMy WebLinkAbout07560ORDINANCE NO. 7560
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII, AND CHAPTERS 2 AND 4 OF TITLE
XVII, OF THE PUEBLO MUNICIPAL CODE, RELATING TO UTILITIES, DEFINING AND
REGULATING OVERHEAD ELECTRICAL FEEDER LINES, AND PROVIDING PENALTIES FOR
VIOLATION THEREOF
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
(brackets indicate matter being deleted, underscoring indicating matter being added)
SECTION 1
Paragraph (c)(6)a of Section 7, of Chapter 4 of Title XII of the Pueblo Municipal Code, as
amended, is amended to read as follows:
a. All utilities, except electric lines in excess of thirty thousand (30,000)
volts shall be placed underground unless a waiver from the requirement is granted
by the Planning and Zoning Commission [.] at the time of subdivision, or unless a
special use permit is issued by the Planning and Zoning Commission as provided in
Section 17- 4- 30(a)(1). Transformers, switching boxes, terminal boxes, meter
cabinets, pedestals, ducts and other facilities necessarily appurtenant to such
underground utilities may, with the approval of the Planning and Zoning
Commission, be placed above ground.
SECTION 2
Section 1, of Chapter 2 of Title XVII of the Pueblo Municipal Code, as amended, is hereby
amended by the addition of a new subsection (36.01) to read as follows:
(36.01) Overhead Electrical Feeder Line means a three (3) phase electrical
distribution line with a conductor ampacity of 250 amperes or more that serves as
the distribution system backbone and is the main supply of electrical energy to
smaller sub - circuits at a voltage fewer than thirty thousand (30,000) volts.
SECTION 3
Paragraph (a)(1) of Section 17 -4 -30 of Chapter 4 of Title XVII of the Pueblo Municipal
Code. as amended. is amended to read as follows:
(1) Subject to compliance with all requirements of any applicable
franchise and as otherwise provided herein, utility distribution, transmission and service
lines, and routes requiring simple easements or installation in public rights -of -way or
installed under franchise agreement with the City and /or County and usual customer
[facilities] service lines shall not be subject to zoning requirements. Overhead electrical
feeder lines shall not be constructed unless a special use permit has been approved by the
Planning and Zoning Commission. Approval or denial of a special use permit by the
Planning and Zoning Commission shall be made after notice and a public hearing has been
held in the manner required for a zoning map amendment. In determining whether to
approve or deny a special use permit to place an overhead electrical feeder line above
ground the Planning and Zoning Commission shall consider the following criteria:
(a) The general policy of the City that all new and relocated utility lines
be placed underground wherever possible;
(b) Whether the overhead electrical feeder line is compatible with the
surrounding area;
(c) Whether the overhead electrical feeder line is in harmony with the
character of the surrounding area;
(d) The effect of the overhead electrical feeder line upon the immediate
area;
(e) The effect of the overhead electrical feeder line upon the future
development of the area;
(f) Whether the land surrounding the overhead electrical feeder line
route can be reasonably planned in coordination with the public utility;
(g) Whether adequate open space and visual corridors will be preserved;
(h) Whether there are reasonably available and economically feasible
alternatives for the public utility or property owner.
SECTION 4
The provisions of this Ordinance shall be administered and enforced in accordance with
Chapters 5 and 7 of Title XVII of the Pueblo Municipal Code. Any violation of any provisions of this
Ordinance shall constitute a municipal offense punishable as provided in Section 17- 7 -3(c) of the
Pueblo Municipal Code, as amended.
SECTION 5
This Ordinance shall become effective upon final passage and approval.
BY Randy Thurston
Councilperson
APPROVED: a
President of Cit Council
ATTESTED BY:
CITY CLERK
INTRODUCED December 26, 2006
PASSED AND APPROVED: January 8, 2007
ORD "75100
u � r
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # I °k
DATE: DECEMBER 26, 2006
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATORMERRY M. PACHECO
TITLE
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE XII, AND CHAPTERS 2 AND 4 OF
TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO UTILITIES, DEFINING
AND REGULATING OVERHEAD ELECTRICAL FEEDER LINES, AND PROVIDING
PENALTIES FOR VIOLATION THEREOF
ISSUE
Should the City Council amend Chapter 4 of Title XII, and Chapters 2 and 4 of Title XVII,
relating to utilities, defining and regulating overhead electrical feeder lines, and providing
penalties for violation thereof?
The Planning and Zoning Commission, at their December 13, 2006 Regular Meeting,
voted 6 -0 to recommend approval.
The nature of the proposed text amendment is to provide a definition for an overhead
electrical feeder line and establish regulation for their placement within City limits.
Presently, electrical feeder lines are not subject to any zoning requirements when installed
in public rights -of -way or in simple easements.
FINANCIAL IMPACT
None