It has recently been determined that the county’s ZDO likely requires a conditional use permit for most utility facilities, even underground utility lines and even in road rights-of-way where utility lines commonly are developed. Historically, utility facilities inside road rights-of-way have proceeded through a utility permit process without review and analysis by Planning and Zoning. Given the new awareness of the scope of the needed land use review and the significant number of annual utility permits in road rights-of-way, a practical difficulty exists in administering the ZDO in its current form. From a policy perspective, many of these permits likely do not warrant review through a land use application. In addition, it may be appropriate for some utility facilities outside road rights-of-way to be permitted outright.
Although the scope of the amendments may be narrowed during public hearing review, key elements of the initial proposal, discussed in more detail below, would:
- Adopt a comprehensive definition of utility facility
- Allow utility facilities inside road rights-of-way as an outright permitted use
- Allow utility lines both inside and outside road rights-of-way, both underground and overhead, as an outright permitted use
- Clarify the types of utility lines that, in most cases, must be underground
- ZDO-288 Section 202 - Revised
- ZDO-288 Section 315 - Revised
- ZDO-288 Section 316 - Revised
- ZDO-288 Section 317 - Revised
- ZDO-288 Section 510 - Revised
- ZDO-288 Section 511
- ZDO-288 Section 512
- ZDO-288 Section 513 - Revised
- ZDO-288 Section 602
- ZDO-288 Section 604 - Revised
- ZDO-288 Section 702 - Revised
- ZDO-288 Section 711
- ZDO-288 Section 830
- ZDO-288 Section 1001
- ZDO-288 Section 1006
- ZDO-288 Section 1102