§ 36-1273. Utility buildings and structures.

(a)

Utility buildings and structures owned by the city. Utility buildings and structures owned by the city and used for rendering service to all or any part of the city (but excluding warehouses, maintenance buildings and storage yards) shall be a permitted principal or accessory use in all districts.

(b)

Other utility buildings and structures. Utility buildings and structures owned by private utility companies or governmental units other than the city, and used for rendering service to all or any part of the city (but excluding warehouses, maintenance buildings and storage yards) shall be a conditional use in all districts and shall only be constructed pursuant to a conditional use permit granted in accordance with article V of this chapter.

(c)

Utility poles and wires, water, gas, electric and mechanical equipment regulations.

(1)

If the footprint is 36 square feet in area or less, and six feet in height, utility and/or mechanical equipment shall be permitted at any location in a front, side or rear yard with no minimum setback from any property line. If utility or mechanical equipment is located within a city right-of-way, a permit is required.

(2)

If the footprint is larger than 36 square feet in area or six feet in height, utility and/or mechanical equipment shall be required to meet all setback requirements in the underlying zoning district. Utility and mechanical equipment that is grouped together and in the aggregate exceeds 36 square feet in area shall also be required to meet all setback requirements in the underlying zoning district.

(3)

Air conditioning units and privately owned mechanical equipment in the R-1 and R-2 zoning districts shall comply with the setback requirements for accessory buildings and structures in accordance with the table in section 36-438(1).

(4)

All mechanical equipment accessory to any building, except single dwelling unit and double dwelling unit buildings, shall be screened from all lot lines and streets in accordance with section 36-1459.

(5)

Noise from mechanical equipment shall be subject to the city's noise regulations in accordance article II, division 5 of chapter 16.

(Code 1970; Code 1992, § 850.07(23))