SECTION 1224.01 PURPOSE:
The purpose of this Section 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 should also be installed in cognizance of existing and projected demands for such services.
SECTION 1224.02 SPECIAL PERMIT REQUIRED:
All underground telephone lines, pipelines for local distribution, underground electric transmission lines, and overhead utility lines and electric transmission lines and substations less than 33 KV, when installed in any public right-of-way in any zoning district, shall require a permit approved by the City Engineer, and shall be subject to conditions imposed by any applicable franchise agreement.
SECTION 1224.03 CITY APPROVAL REQUIRED:
All underground telephone lines, pipelines for local distribution, underground transmission lines, and overhead utility lines and electric transmission lines less than 33 KV, which are extended to serve more than one parcel and are proposed to be installed at locations other than in public right-of-way, shall require a special permit issued by the City after approval by the City Engineer. Approval by the City Engineer shall be based upon the information furnished in the following procedural requirements:
A. 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.
B. The City Planner 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 parts thereof and/or City Code provisions.
C. The City Engineer shall report in writing to the Zoning Administrator the findings as to the compliance of the proposed project with the Comprehensive Plan and City Code provisions.
D. In considering applications for the placement of essential services, as regulated in this Section, the aforesaid City staff 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.
E. Upon receiving the approval of the City Engineer, the City Clerk shall issue a 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 City Clerk to deny its issuance, the applicant may appeal said decision to the Board of Appeals and Adjustments under the rules and procedures as set forth in Section 1206 of this Ordinance.
SECTION 1224.04 CONDITIONAL USE PERMIT REQUIRED:
12 All transmissions pipelines (i.e. pipelines not required for local distributing network), and overhead transmission and substation lines in excess of 35 KV which are less than sixty (60) feet in height above the natural ground level shall be a conditional use in all districts subject to the following procedural requirements:
A. 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 Planning Commission to review the proposed project.
B. The City Planner shall transmit the map and accompanying information to the Planning Commission for its review and recommendations regarding the project's relationship to the Comprehensive Plan and parts thereof.
C. The Planning Commission shall hold the necessary public hearings as prescribed by this Section for conditional uses.
D. The Planning Commission shall report in writing to the Council its findings as to compliance of the proposed project with the Comprehensive Plan.
E. In considering the applications for the placement of essential services, as regulated by this Section, the City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed project upon the health, safety and general welfare of the City, existing and anticipated; and the effect of the proposed project upon the Comprehensive Plan.
F. Requirements and conditions imposed by any applicable franchise agreement shall be imposed.
12 SECTION 1224.05 CONDITIONAL USE PERMIT AND MAJOR SITE AND BUILDING PLAN REVIEW REQUIRED FOR OVERHEAD ELECTRIC TRANSMISSION AND SUBSTATION LINES, POLES, TOWERS, AND OTHER RELATED APPURTENANCES SIXTY (60) FEET OR MORE IN HEIGHT:
In addition to other applicable provisions of this Section, all new, replacement, or reconstructed electric transmission and substation lines, poles, towers, and other related appurtenances sixty (60) feet or more in height above the natural ground level shall require the processing of a Conditional Use Permit subject to the following requirements:
A. As a part of any Conditional Use Permit application under this subsection, the applicant shall conduct a review of alternatives as specified in this subsection. The applicant need not show a property interest in any of the alternatives.
B. For an application to be considered complete, the review of alternatives shall include the following materials:
1. Documentation demonstrating the need, objectives, and purpose for such a facility so that alternatives to the facility can be adequately assessed;
2. A listing and map clearly illustrating all of the alternatives considered by the applicant, including starting and ending points whether or not within the City of Sunfish Lake;
3. A Ano-build@ alternative which discusses measures which could be taken in an attempt to meet the need, objectives, and purpose without construction of the proposed facility;
4. An alternative which places the line underground; and
5. Designation of the applicant=s preferred route and route end-points.
C. For each alternative in the analysis, the applicant shall provide:
1. Cost, including construction, land acquisition, and other development costs;
2. The number, type, and size of vegetation that would be removed or damaged as a result of the construction of the alternative;
3. The number, types, and distances of buildings located within a four hundred (400) foot distance of the facility, including wires;
4. The amount of parkland, wetland, floodplain, shoreland, and open water within a four hundred (400) foot distance of the facility, including wires;
5. A map or maps showing the location of each of the items in subparagraphs C.2, C.3, and C.4 of this subsection.
6. An analysis of the audible noise generated by the proposed facility, and any existing facility currently located in each alternative route.
7. A summary of current research regarding the health effects of Electromagnetic Frequency (EMF) levels and electric fields, conducted by health and scientific professionals, including those whose research does and does not receive utility sponsorship.
8. EMF and electric field levels and under maximum and average anticipated loading at the base of the utility poles, underneath the wires between poles, at ground level above underground wires, at the edge of the property line or edge of utility easement, at the edge of the closest habitable building, and at the point above ground where there would be the greatest EMF and electric field levels;
9. Reasonable and prudent measures to minimize EMF and electric field levels along all alternative routes; and
10. Depictions of the views of the proposed facility, both before and after the construction of the facility if above ground, from the five closest residences along each route and from other locations along each route which will have a significant view of the facility.
D. All alternative routes in the analysis must comply with the following unless the applicant shows that a particular requirement is not reasonable or prudent:
1. The routes must be on or along corridors presently used for public roads, public trails, railroads, existing above-ground utilities, or on corridors which were previously used for such purposes and which are being retained for future public or utility purposes;
2. Arterial or collector streets must be used instead of local roadways; and
E. Promptly after receiving an application, the City shall publish a prominent announcement in the official newspaper. The announcement must include a map showing the alternative routes identified by the applicant, advise that, by a specified date, any person may suggest other alternatives for study, schedule a public hearing before the City Council, and explain the procedure for review of the application. The applicant shall pay for the costs of this announcement.
F. Within thirty (30) days following the receipt of the application, the City Council shall hold a public hearing on the alternative routes studied in the application, and consider whether any other alternative routes should be studied. The applicant shall submit the information required in subparagraph C of this Ordinance for any additional alternative(s) so designated. The alternatives analysis and application shall be deemed to be complete when the applicant has provided the information required under subparagraph C for all alternatives including those designated by the City Council, subject to the provisions of Minn. Stat. '15.99.
G. The City may have the alternative route analysis reviewed by an independent expert acceptable to the applicant. The applicant shall not unreasonably withhold this acceptance and shall reimburse the City for the full cost of these services. The City may request an escrow deposit to cover these expenses before they are incurred. The applicant will have five business days to reject the City=s selected expert after receiving notice from the City. If the applicant does not reject the expert within that time, the expert will be deemed to be acceptable. If the applicant rejects the expert, the time periods for City action shall be extended by the number of days that it takes for the City and the applicant to reach an agreement after the applicant=s rejection of the expert.
H. After a complete alternatives analysis has been reviewed by staff and/or an independent expert, the planning commission shall hold a public hearing on the application. Notice of this hearing shall be provided consistent with the City=s notice for other Conditional Use Permit hearings.
I. The Planning Commission shall review the application at the public hearing, and shall make a recommendation to the City Council as to its preferred alternative. The City Council shall review the application, together with the Planning Commission=s recommendation and evidence gathered pursuant to the public hearing, and select an alternative route. The City Council=s selection shall be made within sixty (60) days of the recommendation from the Planning Commission. The City Council=s selection shall be made in accordance with the requirements for approving a Conditional Use Permit under Section 1204 of the City=s Zoning Ordinance. The selected alternative may be one which was not identified in the applicant=s initial analysis. The Planning Commission and City Council may impose reasonable conditions as a part of the approval to protect adjacent property and the public.
J. In making their decisions, the Planning Commission and City shall consider the following factors:
1. The potential adverse aesthetic, economic, environmental, social, health, and/or safety impacts on adjacent property or the public.
2. The potential interference with public use of public property.
3. The applicant=s need to adequately and reliably serve customers within the relevant service area now and in the foreseeable future.
4. The applicant=s need to adequately and reliably serve customers within the City of Sunfish Lake now and in the foreseeable future.
5. The relative burdens and benefits to be born or received by the residents and property owners of Sunfish Lake and other communities in the relevant service area.
6 Compliance with the requirements in subparagraph D.
7. Cost of the alternative, and cost to the City of Sunfish Lake, its taxpayers, and utility ratepayers.
8. Considerations for Conditional Use Permits in Section 1204 of the City's Zoning Ordinance.
9. Compliance with the standards as listed in subparagraph L of this Section.
K. If, after the City Council=s action, the applicant believes that it is precluded from using the selected alternative because of a reason beyond its own control that was not apparent during the application process, the applicant may notify the City and request the selection of a different alternative. If the City Council finds that the applicant is so precluded, the Planning Commission shall recommend, and the City Council shall select, a different alternative.
L. Application for Major Site Plan Review for Transmission Line Facilities - General Conditions and Procedures Applicable to the Selected Route under Section 1224.05.
1. After the City Council has selected an alternative route which involves the construction, reconstruction, or replacement of facilities under this Section, and prior to receiving any building or other construction permits for said facilities, the applicant must prepare detailed site and building plans for each pole or tower location. These plans will be subject to the major site plan review process as defined in Section 1208 of the Zoning Ordinance. As a part of the site plan review application, the applicant shall secure and demonstrate adequate property interest in the property or properties on and/or over which the facility will be located. If the applicant makes a site plan application for any route other than the selected alternative route, the City shall reject the application and it will not be considered.
2. The applicant shall submit a landscape plan prepared by landscape architect registered in the State of Minnesota. The plan shall be designed to mitigate the size and number of trees to be removed for the facility, and shall minimize the visual impact on abutting properties caused by the utility poles. The applicant shall submit a landscape financial security to
ensure the proper installation and maintenance for a two (2) year period following installation. With the written concurrence of abutting property owner, the applicant may include plantings on abutting property. In such case, the applicant shall be responsible for installation, and the abutting property owner shall thereafter be responsible for maintenance of the landscaping.
3. The facility must meet all of the location standards specified below. If the standards are conflicting, the most restrictive standard shall apply.
a. Utility poles or towers and shall be setback a distance of sixty (60) feet and wires must be setback a distance of thirty seven and one half (37.5) feet (See figure 1224.05-1, below) or no less than the minimum requirements under the National Electric Safety Code (NESC) whichever is greater. The setback shall be measured from the base of the pole or the point at ground level directly beneath an overhead wire, to:
(1) The principal structure or the buildable area for a principal structure, whichever requires the greater setback, on developed property; or
(2) The buildable area for a principal structure on vacant, developable property; or
(3) Fifteen feet from the edge of the easement and/or property line of the utility company=s property; whichever of these requires the greater setback.
b. If the measurement point is the buildable area, the applicant may obtain a restrictive building easement over a portion of the buildable area and choose instead to measure the setback from the edge of that easement which is farthest away from the pole or wires.
c. The utility poles and lines must comply with all clearance requirements in the NESC in effect at the time of construction. The applicant shall provide verification of compliance with that code.
d. The site plan prepared by the applicant must design and locate the utility poles in a manner which minimizes the visual impact on abutting properties. The poles must be installed in accordance with the plan as approved by the City.
4. The applicant must design the utility poles to minimize their visual impact.
The applicant must submit pole configuration, material and color options that are technically feasible. The city may require the applicant to design the poles in a manner which reduces the visual impact of the project, including regulating the height and spacing of the poles. The poles may not exceed the minimum height required by the NESC in effect at the time of construction.
5. The applicant must design and locate the facility to minimize audible noise to adjacent property. The City may require the applicant to take measures to reduce audible noise impacts on residential property, public open space, or institutional uses.
6. The applicant must take all reasonable and prudent measures to minimize EMF and electric field levels, in accordance with a plan submitted to, and approved by, the City of Sunfish Lake. These measures must not increase the visual impact of the facility such as by using taller utility poles and must not increase EMF or electric field levels in other parts of the City, unless this is specifically approved by the City Council.
7. The facility shall be constructed in compliance with any state and federal regulations concerning EMF and electric fields. The applicant shall provide verification of compliance with such regulations. If any future state or federal regulations governing EMF or electric fields require significant alterations to the facility, the applicant or subsequent owner shall notify the City at least sixty (60) days before making said alterations and describe the required changes.
8. If located on a public right-of-way, the facility must not interfere with the use of the right-of-way, including use for vehicular and pedestrian travel, snow storage, and lateral support.
9. The applicant and any subsequent owner shall continually maintain the utility poles, wires, and other equipment that are part of the facility in good conditions, including repainting or restaining deteriorated pole surface finishes as appropriate, securing poles and/or guy wires to the ground, replacing poles that are in a deteriorated condition, and maintaining landscaping installed on the facility=s property in a healthy and attractive condition.
1225. ANIMALS
1225.01 Keeping Animals
SECTION 1225.01 KEEPING ANIMALS:
The following animals may be kept in the City:
A. Domestic animals are allowed in all zoning districts.
B. Horses are an allowed accessory use per district regulations.
C. Except as provided herein, farm animals are not allowed in the City.
D. Animals being kept as part of the Minnesota Zoological Gardens, St. Paul Como Zoo, or similar institutional docent programs are an allowed use in all zoning districts. Before such animals are allowed, however, the participant in the program must notify immediately abutting property owners and the City Planner in writing of their participation in the program and identify the animal being kept.
5 9 E. Farm and Non-Domestic Animals.
28 1. Except as herein provided, farm or other non-domestic animals may be allowed within the City subject to the approval of an administrative permit by the City Forester. The consideration involving the approval or denial of an administrative permit shall include, but not be limited to:
a. The notification of immediately abutting property owners and an assessment of the possible negative impacts upon such properties.
b. The adequacy of the site and buildings to accommodate the animals in question.
c. The public health, safety, and general welfare concerns posed by the animals in question.
d. The ability of an animal enclosure to meet the following setback and locational standards (where other setback or locational standards can apply to buildings and structures used for enclosures, the more restrictive requirements shall apply):
(1) The animal enclosure may not be located closer to the boundary line of an adjacent property than to the principal structure on the animal owner’s property, and not less than twenty-five (25) feet from the lot line.
(2) Maintain a twenty-five (25) foot setback from wetlands or public waters wetlands as defined in Section 1202.02 of this Ordinance.
2. Approval of an administrative permit may be issued for a period of one (1) year after which the permit may be reissued for periods of up to three (3) years. In cases where complaints from neighbors have been received or where there has been a change in conditions or violations, a renewal shall require City Council approval and at their discretion, may be processed in accordance with the procedural requirements of an Interim Use Permit.
F. Animals may only be kept for commercial purposes if authorized in the zoning district where the animals are located and upon the approval of an interim use permit pursuant to Section 1205 of this Ordinance.
G. Animals may not be kept if they cause a nuisance or endanger the health or safety of the community.
H. Dog kennels shall require an interim use permit pursuant to Section 1205 of this Ordinance and shall be subject to other applicable sections of the City Code, including legal non-conforming use provisions for established facilities.