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HomeMy WebLinkAboutEssential Services Municipal Code Amendment, Z14120_17Page 1 of 10 Z-14120, Staff Report for the Essential Services Municipal Code Amendment NOTE: UPDATES TO THIS STAFF REPORT THAT HAVE BEEN MADE SINCE ITS PRESENTATION TO THE ZONING COMMISSION ARE SHOWN IN RED. Public Hearing Date: Zoning Commission public hearing Tuesday, June 17, 2014 Public Hearing Date: City Commission public hearing Monday, July 28, 2014 Project Description: A text amendment of the Bozeman Municipal Code to revise Sections 38.42.990 Essential Services Type 1 and Section 38.42.1000 Essential Services Type II, to add a new definition 38.42.1005 Essential Services Type III, to apply Essential Services in the authorized use tables of all zoning district, to amend Section 38.19.070 to allow some Essential Services Type II to be reviewed as sketch plans, to amend Section 38.21.060.A to allow Essential Services Type I and Type II to encroach within required yards when within a utility easement; and to create a new Section 38.22.230 Essential Services to establish special standards applicable to Essential Services Types I, II and III. Project Location: Applicable throughout the entire corporate limit of Bozeman as it exist now and as it evolves through annexation over time, and applies to all properties Recommendation: Approval Recommended Motion: Having reviewed and considered the application materials, public comment, recommendation of the Zoning Commission, and all the information presented, I hereby adopt the findings presented in the staff report for application Z- 14120 and move to provisionally adopt Ordinance 1893 the Essential Services text amendment. Report Date: Wednesday, July 23, 2014 Staff Contact: Chris Saunders, AICP; Policy and Planning Manager Agenda Item Type: Action - Legislative EXECUTIVE SUMMARY Unresolved Issues The City is continuing to reach out to utility companies to obtain input on the proposed alterations. The definitions or other elements of the amendments may continue to be revised 308 Z-14120, Staff Report for the Essential Services Text Amendment Page 2 of 10 as the text amendment process continues forward. A question of under what terms an existing facility may be relocated is still under discussion Project Summary The City relies upon the standards and definitions within Chapter 38, BMC to enable the development of the City in a manner which avoids conflicts between land uses, enables public notice of and comment on development which may affect residents and land owners, and provide predictability in government actions. The definitions of Essential Services Types I and II were originally drafted over 20 years ago and have not been evaluated since for adequacy to current demands. There are restrictions contained within Title 69, Public Utilities and Carriers, MCA on what areas the City may regulate which are not explicitly included within the existing definitions and standards applied to Essential Services Type I and II. The present definitions have been shown to not be adequately clear to avoid dispute as to the proper classification of certain facilities as either a Type I or Type II facility. A more nuanced range of Essential Services definitions will be a better fit for the diversity of facilities required to provide public and quasi-public utilities to the residents and customers within the City’s boundaries. A restructuring of the definitions will provide additional specificity of definition and clarity of application. This application proposes to revise Section 38.42.990 Essential Services Type 1 and Section 38.42.1000 Essential Services Type II, to create a new definition Essential Service Type III, to add Essential Services Type I to Table 38.09.020 and Table 38.11.020 as a principal use, apply Essential Services in the authorized use tables of all zoning district, and to create a new Section 38.22.230 Essential Services to establish special standards applicable to Essential Services Types I and II. The refinement of the definitions addressing essential services recognizes the changing nature of the provision of public and quasi-public services. The addition of Essential Services Type I to Table 38.09.020 as a principal use in the REMU and UMU district is to correct an oversight. The addition of the new Section 38.22.230 Essential Services is to establish special standards applicable to Essential Services, and to provide the future opportunity to expand or clarify special standards. Alternatives This is an initial change to address some near term issues with the definitions. A longer term code revision is desired to establish specific standards for Essential Service installations due to their unique needs and impacts. Two options for revision of the Section 38.42.990 Essential Services Type 1 and Section 38.42.1000 Essential Services Type II have been provided for this near term change. 309 Z-14120, Staff Report for the Essential Services Text Amendment Page 3 of 10 Option 1 proposes minor changes to the definitions for some additional clarification. It also will add Essential Services Type I to the REMU and UMU districts which will correct an oversight. Option 2 adds a new definition for Essential Services Type 3 and distributes the various services across the three definitions. The types will be on a continuum where Type I remains the least intensive and Type III is the most intensive. This will provide a greater ability to match service impacts with review processes and standards. The definitions clearly define small-scale and below ground facilities, equipment and structures required for the provision of immediate customer service of public and quasi-public services within the City. These least intensive facilities are an accessory use in all districts with no zoning review. Option 2 includes the listing of the new definition in the use tables in all zoning districts within the City. Staff recommends adoption of Option 2 Alternatives for Commission action are: 1) Adopt the amendments as proposed by Staff and the Zoning Commission, 2) Adopt the amendments with revisions, 3) Do not adopt the amendments and leave the language as it exists. Zoning Commission: The Zoning Commission conducted their public hearing on June 17, 2014. There was no public comment. The audio/visual recording/minutes from this meeting can be accessed at the following link: http://www.avcaptureall.com/Sessions.aspx#session.370e0d57-87db- 4ad3-ad68-e8e51f41f726. The presentation of this item begins immediately in the recording. After considering the matter the Zoning Commission adopted the recommended motion to recommend approval of Option 2. The vote was unanimous. 310 Z-14120, Staff Report for the Essential Services Text Amendment Page 4 of 10 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Alternatives ......................................................................................................................... 2 Zoning Commission: ........................................................................................................... 3 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 4 SECTION 2 - STAFF ANALYSIS AND FINDINGS ............................................................. 4 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 5 PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 7 APPENDIX A –AFFECTED ZONING PROVISIONS ........................................................... 7 APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND................ 8 APPENDIX C – NOTICING AND PUBLIC COMMENT ..................................................... 9 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 10 FISCAL EFFECTS ................................................................................................................. 10 ATTACHMENTS ................................................................................................................... 10 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Essential Services Text Amendment File: Z-14120 Having considered the criteria established for a municipal code amendment, the Community Development Staff recommends the approval of the text for Option 2. The Development Review Committee considered the application on June 11, 2014. The Zoning Commission conducted a public hearing on the proposed amendments on June 17, 2014 and recommends approval of the amendments under Option 2. The City Commission will hold a public hearing on the text of the amendment and provisional adoption of Ordinance 1893 on July 28, 2014. SECTION 2 - STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission shall consider the following: 311 Z-14120, Staff Report for the Essential Services Text Amendment Page 5 of 10 Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. An underlying principle of the Bozeman Community Plan is that public and quasi- public infrastructure is necessary to ensure the health, safety and general welfare of our citizens; and maintain and grow our community. Objective G-1.2: Ensure that adequate public facilities, services, and infrastructure are available and/or financially guaranteed in accordance with facility or strategic plans prior to, or concurrent with, development. Appendix H, Public Services and Facilities, provides background information for a variety of City services and facilities as well as other service providers. These services and facilities are many and varied, and they are all important components of the City’s ability to ensure the health, safety and general welfare of our citizens. As further described in Appendix H, many services within the City are provided by private utility providers instead of by the City, including: electric power, natural gas, cable television, phone services and wireless communications. It is important that the City work closely with these various service providers to ensure that citizens’ utility needs are adequately provided into the future. Areas requiring close coordination include easement acquisition and placement, burying overhead utilities, installation and maintenance of utilities within City rights-of-ways, and siting of new facilities (such as cellular towers). B. Secure safety from fire and other dangers. Yes. The proposed amendments do not change the breadth of tools available to the City in identifying and mitigating risk from land use and development. In so far as proper utilities maintenance and provision of services enables timely and effective emergency response this criterion is advanced. C. Promote public health, public safety, and general welfare. Yes. The proposed amendments do not change the requirements for provision of water or sewer systems, provision of emergency response capability, or similar existing standards. However, access to electricity and other utilities is essential for clean water, operation of emergency equipment such as fire hydrants, emergency communications, and similar functions. Properly sited and maintained utilities avoid conflicts with the public and other land uses which may be sensitive to their presence. Essential services can be large and intrusive. The draft ordinance provides a simpler review process for the more intensive Essential Services types in some districts and more rigorous review types in other districts. The City has drafted this text to encourage location of uses which have a greater likelihood of impact within districts which are less likely to have conflicts due to those uses. 312 Z-14120, Staff Report for the Essential Services Text Amendment Page 6 of 10 D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Yes. Electric Substations, Electric Transmission and Electric Distribution Lines, along with Natural Gas Gate/Valve Stations, Natural Gas Transmission and Natural Gas Distribution Lines (Electric and Natural Gas Facilities) are uses that are essential to providing the citizens of the City with necessary electric and natural gas services. However, in application the City’s existing Essential Services definitions present issues. The City has a duty to protect the public health, safety and welfare of its residents. The City recognizes MCA §69-4-201, that its ordinances cannot conflict with the National Electric Safety Code (NESC); and MCA §69-3-102 vesting control over the rates and tariffs for public utilities in the Public Service Commission, and that as result it cannot dictate the charges for service. The City desires to continue to reasonably regulate other health, safety and welfare concerns that do not impact the location or construction of newly constructed Electric and Natural Gas Facilities. The proposed amendments do not eliminate the requirement for mitigation of infrastructure impacts. The site plan, conditional use, or subdivision review procedures remain as presently constituted and are adequate to analyze and mitigate demands for services. E. Reasonable provision of adequate light and air. Neutral. The proposed amendments do not affect this criterion. F. The effect on motorized and non-motorized transportation systems. Neutral. No changes to transportation standards are proposed. G. Promotion of compatible urban growth. Yes. Electric Substations, Electric Transmission and Electric Distribution Lines, along with Natural Gas Gate/Valve Stations, Natural Gas Transmission and Natural Gas Distribution Lines (Electric and Natural Gas Facilities) are uses that are essential to providing the citizens of the City with necessary electric and natural gas services. The City recognizes MCA §69- 4-201, that its ordinances cannot conflict with the National Electric Safety Code (NESC); and MCA §69-3-102 vesting control over the rates and tariffs for public utilities in the Public Service Commission, and that as result it cannot dictate the charges for service. The proposed amendments ensure that the City continues to reasonably regulate other health, safety and welfare concerns that do not interfere with the Public Service Commission’s authority to govern charges for Electric and Natural Gas Facilities; while promoting compatible urban growth and supporting the ability of the City to expand. H. Character of the district. Neutral. The proposed amendments do not make material changes to the character of the established zoning districts. The existing districts already allow Essential Services Type I in 313 Z-14120, Staff Report for the Essential Services Text Amendment Page 7 of 10 all locations. More industrial scale Essential Services Type II uses such as electrical substations are located within industrial and public lands districts. The City can zone a site according to the need to have particular facilities located in a given location. No change is proposed to Section 38.23.050 which requires utilities to be placed underground when technically and economically feasible. I. Peculiar suitability for particular uses. Neutral. The proposed amendments do not make material changes to land uses. The more intensive uses are still reserved for appropriate zoning districts. J. Conserving the value of buildings. Neutral. The proposed amendments do not make material changes to building requirements or standards. K. Encourage the most appropriate use of land throughout the jurisdictional area. Neutral. The proposed amendments do not make material changes to the zoning districts. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. APPENDIX A –AFFECTED ZONING PROVISIONS Zoning Designation and Land Uses: The definition of Essential services (Type I) is in Section 38.42.990. Existing text is: “Water pumping stations; stormwater drainage facilities (including collection lines, retention/detention ponds and drainageways); sanitary sewer and storm sewer lift stations; public domestic water storage facilities; water fill stations for firefighting equipment; local service telephone lines and cables; local service electrical distribution lines and cables; roof mounted distributed electrical generation solar panel arrays; local service cable television lines; local service electronic data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public and amateur radio antennae and towers.” The definition of Essential services (Type II) is in Section 38.42.1000. Existing text is: “Pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric 314 Z-14120, Staff Report for the Essential Services Text Amendment Page 8 of 10 and gas); public treatment facilities (water, sanitary sewer and storm sewer); telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities; other accessory facilities, equipment and structures; and police and fire stations.” Essential Services Type I will be added to Table 38.09.020 (Residential Emphasis Mixed Use zoning district) as a principal use. This amendment will create a new Section 38.22.230 Essential Services to establish special standards applicable to all types of Essential Services. Sec. 38.23.050. Utilities. – This existing section is applicable but not proposed to be changed. A. Utilities shall be placed underground, wherever technically and economically feasible. Underground utilities, if placed in a street right-of-way, shall be installed after the street has been brought to grade and before it is surfaced. B. If overhead utility lines are used, they shall be located at the rear property line. C. Utility facilities shall be designed by utility firms in cooperation with the developer. The facilities are subject to all applicable laws, rules and regulations of the appropriate regulatory authorities. D. The developer shall provide adequate and appropriate utility easements in compliance with section 38.23.060. APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description This application proposes to revise Section 38.42.990 Essential Services Type I and Section 38.42.1000 Essential Services Type II, to add Essential Services Type I to Table 38.09.020 as a principal use, and to create a new Section 38.22.230 Essential Services to establish special standards applicable to Essential Services. The refinement of the definitions addressing essential services recognizes the changing nature of the provision of public and quasi-public services while acknowledging that this is an interim step in updating Chapter 38, the Unified Development Code. The addition of Essential Services Type I to Table 38.09.020 as a principal use in the REMU district is to correct an oversight. The addition of the new Section 38.22.230 Essential Services to establish special standards applicable to Essential Services and to provide the opportunity to expand the special standards during the future rewrite of Chapter 38, the Unified Development Code. 315 Z-14120, Staff Report for the Essential Services Text Amendment Page 9 of 10 Project Background The definitions for Essential Services were initially adopted by final passage of Ordinance 1332 on September 3, 1991. The City has been working with Northwestern Energy to clarify their current needs and issues. The City has also reached out to other utilities for their input. Electric Substations, Electric Transmission and Electric Distribution Lines, along with Natural Gas Gate/Valve Stations, Natural Gas Transmission and Natural Gas Distribution Lines (Electric and Natural Gas Facilities) are uses that are essential to providing the citizens of the City with necessary electric and natural gas services. However, in application the City’s existing Essential Services definitions present issues. The City has a duty to protect the public health, safety and welfare of its residents. The City recognizes MCA §69-4-201, that its ordinances cannot conflict with the National Electric Safety Code (NESC); and MCA §69-3-102 vesting control over the rates and tariffs for public utilities in the Public Service Commission, and that as result it cannot dictate the charges for service. The proposed amendments ensure that the City continues to reasonably regulate other health, safety and welfare concerns that do not interfere with the Public Service Commission’s authority to govern charges for Electric and Natural Gas Facilities; while promoting compatible urban growth and supporting the ability of the City to expand. APPENDIX C – NOTICING AND PUBLIC COMMENT The notice was submitted Thursday, May 29, 2014 for publication as a legal ad on Sunday, June 1 and 15, 2014. Copy of the notice is also included on the City’s website. Notice was provided at least 15 and not more than 45 days prior to the City Commission public hearing on Monday, July 7, 2013. As this Essential Services Text Amendment applies to the entire corporate limits of Bozeman as it exists now and evolves over time through annexation, and it applies to all properties, there is no requirement for posting specific properties. Northwestern Energy submitted written comments prior to the Zoning Commission meeting. Staff recommended some adjustments to the text based on those comments. Northwestern Energy spoke in favor of the amendments as described in the minutes of the Zoning Commission. Additional written comments were received on June 24th from Northwestern Energy. A revision to Section 38.21.060 has been made in response. 316 Z-14120, Staff Report for the Essential Services Text Amendment Page 10 of 10 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771 Representative: Department of Community Development Report By: Chris Saunders, AICP; Policy and Planning Manager FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this text amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Provisional Adoption Draft of Ordinance 1893, Essential Services definitions Attachment A containing the current definitions of Essential Services Type I and II, Alternative Definitions Text Option 1, Alternative Definitions Text Option 2, Proposed use tables for all zoning districts showing where each use is allowed and required review type, amended Text of 38.19.070, amended text of 38.21.060, proposed text of new Section 38.22.230 Attachment B showing a side by side comparison of the recommended text of the three definitions Minutes of the June 17, 2014 Zoning Commission Meeting June 24, 2014 and June 13, 2014 public comments. Graphic describing different types of power facilities Description of National Electrical Safety Code 317 Page 1 of 12 ORDINANCE NO. 1893 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 38, UNIFIED DEVELOPMENT ORDINANCE, BMC BY REVISING SECTIONS 38.42.990 AND 38.42.1000 AND CREATING SECTION 38.42.1005 TO DEFINE ESSENTIAL SERVICES TYPES I THROUGH III; REVISING SECTIONS 38.08.020, 38.09.020, 38.10.020, 38.11.020, 38.12.020 AND 38.13.030 TO ASSIGN THE DEFINED ESSENTIAL SERVICES TO INDIVIDUAL ZONING DISTRICTS AND ESTABLISH A REQUIRED REVIEW PROCEDURE; REVISE SECTION 38.19.070 TO ALLOW SOME ESSENTIAL SERVICES TYPE II FACILITIES TO BE REVIEWED AS A SKETCH PLAN; REVISE SECTION 38.21.060 TO ALLOW SOME ESSENTIAL SERVICES TYPE II FACILITIES TO ALLOW ESSENTIAL SERVICES TYPE I AND TYPE II TO ENCROACH INTO REQUIRED YARDS; AND CREATE SECTION 38.22.230 TO ESTABLISH SPECIAL STANDARDS APPLICABLE TO ESSENTIAL SERVICES. WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and Montana law to adopt land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA ; and WHEREAS, The provision of adequate public and quasi-public utilities are essential for the safe and functional operation of a city; and WHEREAS, The definition of Essential Services Types I and II was developed over two decades ago and the community and standards applicable to utilities have changed in that time and have been determined to not meet the need for regulation of public and quasi-public utilities; 318 Ordinance No. 1893, Definition of Essential Services Page 2 of 12 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings: 1. The City relies upon the standards and definitions within Chapter 38, BMC to enable the development of the City in a manner which avoids conflicts between land uses, enables public notice of and comment on development which may affect residents and land owners, and provide predictability in government actions. 2. The definitions of Essential Services Types I and II were originally drafted over 20 years ago and have not been evaluated since for adequacy to current demands. 3. There are restrictions contained within Title 69, Public Utilities and Carriers, MCA on what areas the City may regulate which are not explicitly included within the existing definitions and standards applied to Essential Services Type I and II. 4. The present definitions have been shown to not be adequately clear to avoid dispute as to the proper classification of certain facilities as either a Type I or Type II facility. 5. A more nuanced range of Essential Services definitions will be a better fit for the diversity of facilities required to provide public and quasi-public utilities to the residents and customers within the City’s boundaries. 6. A restructuring of the definitions will provide additional specificity of definition and clarity of application. Section 2 That the Bozeman Municipal Code be amended by revising Section 38.42.900 Essential Services Type I to read as follows: Water pumping stations; stormwater drainage facilities (including collection lines, retention/detention ponds and drainageways); sanitary sewer and storm sewer lift stations; public domestic water storage facilities; water fill stations for firefighting equipment; local service telephone lines and cables; local service electrical distribution lines and cables; roof mounted 319 Ordinance No. 1893, Definition of Essential Services Page 3 of 12 distributed electrical generation solar panel arrays; local service cable television lines; local service electronic data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public and amateur radio antennae and towers. Small-scale and below ground facilities, equipment and structures required for the provision of immediate customer service of public and quasi-public services within the City. Additional items may be determined by the Director of Community Development to be appropriately included in this definition. These facilities, equipment and structures include: 1. Public water distribution lines. 2. Public sanitary sewer collection lines. 3. Stormwater drainage collection lines, stormwater drainage retention/detention ponds, and drainageways.. 4. Fire hydrants. 5. Electric service: a. Below ground distribution and local transmission lines, cables and appurtenances. b. Above ground distribution and local transmission lines, cables and appurtenances no greater in height than the minimum required by the National Electric Safety Code (NESC) plus 15%. 6. Natural gas service: a. Below ground distribution lines and appurtenances. b. Below ground transmission lines and appurtenances. c. Natural gas regulator/valve stations and appurtenances, with no above ground buildings. 7. Communications services: a. Below ground telephone lines and cables; b. Below ground cable television lines; c. Below ground electronic data transmission lines and cables; 8. Above ground utility boxes, not to exceed 20 square feet in footprint; 9. Roof mounted distributed electrical generation solar panel arrays; 320 Ordinance No. 1893, Definition of Essential Services Page 4 of 12 10. Public and amateur radio antennae and towers Section 3 That the Bozeman Municipal Code be amended by amending Section 38.42.1000 Essential Services Type II to read as follows: Pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities; other accessory facilities, equipment and structures; and police and fire stations. Facilities, equipment and structures required for the provision of neighborhood level public and quasi-public services within the City. Additional items may be determined by the Director of Community Development to be appropriately included in this definition. Specific facilities, equipment and structures include: 1. Public water storage facilities; and pumping stations. 2. Public sanitary sewer or storm sewer lift stations. 3. Water fill stations for firefighting equipment. 4. Electric service: a. Transmission lines, cables and appurtenances operable prior to September 3, 1991 including the repair and replacement of the same as necessary to maintain their operation. b. Transmission lines, cables, and appurtenances 161kV or less and no greater in height than the minimum required by the National Electric Safety Code (NESC) plus 25%, other than those included in Essential Services (Type I) 5. Natural gas service: a. Natural gas regulator/valve stations and appurtenances, with above ground buildings not to exceed 125 sq. ft. 321 Ordinance No. 1893, Definition of Essential Services Page 5 of 12 6. Communications services, except those included in Essential Services (Type I), including above ground buildings not to exceed 125 sq. ft: a. telephone lines and cables; b. cable television lines; c. electronic data transmission lines and cables; 7. Above ground utility boxes, from 20-125 sq. ft., except those included in Essential Services (Type I) Section 4 That the Bozeman Municipal Code be amended by creating a new Section 38.42.1005 Essential Services Type III to read as follows: Community-scale facilities, equipment and structures required for the provision of public services not otherwise listed as an Essential Services (Type I or II). 1. Public water treatment 2. Sanitary sewer treatment. 3. Storm sewer treatment. 4. Police and fire stations. 5. Electric substations and electrical transmission lines, cables and appurtenances, except those included in Essential Services (Type I) or Essential Services (Type II). 6. Natural gas regulator/valve stations and appurtenances, with above ground buildings in excess of 125 sq. ft. 7. Communications including but not limited to telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities. 8. Gasoline, oil and coal pipelines. Section 5 That the Bozeman Municipal Code be amended by amending Section 38.08.020, Authorized Uses for residential zoning districts by amending Table 38.08.020 to read as follows with all other uses remaining unchanged: 322 Ordinance No. 1893, Definition of Essential Services Page 6 of 12 Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Essential Services Type I A A A A A A A Essential Services Type II P P P P P P P Essential Services Type III C -C10 -C10 -C10 -C10 -C10 C10 10 10 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. Section 6 That the Bozeman Municipal Code be amended by amending Section 38.09.020, Authorized Uses for the residential emphasis mixed use zoning district by amending Table 38.09.020 to read as follows with all other uses remaining unchanged: Table of Uses Maximum Gross Building Area Authorized Uses Essential Services Type I A Essential Services Type II C P Essential Services Type III C5 5 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. Section 7 That the Bozeman Municipal Code be amended by amending Section 38.10.020, Authorized Uses for the residential emphasis mixed use zoning district by amending Table 38.10.020 to read as follows with all other uses remaining unchanged: Table of Commercial Uses Authorized Uses 323 Ordinance No. 1893, Definition of Essential Services Page 7 of 12 B-1 B-2 B-3 Essential Services Type I A A A Essential Services Type II P P P Essential Services Type III C9 P - C9 9 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. Section 8 That the Bozeman Municipal Code be amended by amending Section 38.11.020, Authorized Uses for the urban mixed use zoning district by amending Table 38.11.020 to read as follows with all other uses remaining unchanged: Table of Uses Authorized Uses Essential Services Type I A Essential Services Type II C P Essential Services Type III C Section 9 That the Bozeman Municipal Code be amended by amending Section 38.12.020, Authorized Uses for the industrial zoning districts by amending Table 38.12.020 to read as follows with all other uses remaining unchanged: Table of Industrial Uses Permitted Uses BP M-1 M-2 Essential Services Type I A A A Essential Services Type II P P P Essential Services Type III P P P Section 10 324 Ordinance No. 1893, Definition of Essential Services Page 8 of 12 That the Bozeman Municipal Code be amended by amending Section 38.13.030, Authorized Uses for the public lands and institutions zoning district by amending Table 38.13.030 to read as follows with all other uses remaining unchanged: Table of Uses Authorized Uses Ambulance Service P Cemeteries P Day care centers C Essential Services Type I P A Essential Services Type II C P Essential Services Type III P Museums, zoos, historic and cultural facilities and exhibits P Other buildings and structures typically accessory to permitted uses A Other public buildings, e.g. fire and police stations and municipal buildings P Public and nonprofit, quasi-public institutions, e.g. universities, elementary junior and senior high schools and hospitals P Publicly owned community centers P Publicly owned land used for parks, playgrounds and open space P Solid waste landfill and transfer facilities C Section 11 That the Bozeman Municipal Code be amended by revising Section 38.19.070 Sketch Plan Review to read as follows: A. Sketch plan submittal requirements. 1. Certain independent development proposals (i.e., not in conjunction with other development) are required to submit only sketch plans which include the information specified in section 38.41.110. 325 Ordinance No. 1893, Definition of Essential Services Page 9 of 12 2. Separate construction plans are necessary for building permits when the proposal requires such permits. Additional information is also necessary when the proposal requires the issuance of a certificate of appropriateness (see sections 38.19.080 and 38.41.090). 3. Examples of independent projects which qualify for sketch plan review are: individual single-household including manufactured homes on individual lots, two-household, three- household, and four-household residential units, each on individual lots and independent of other site development; accessory dwelling units in the R-2, R-3 and R-4 districts; fences; signs in compliance with the requirements of this chapter; regulated activities in areas with regulated wetlands not in conjunction with a land development proposal; grading of sites disturbing more than one-eighth but less than one-half acre, or movement of more than 30 but less than 100 cubic yards of material, or cut or fill of less than one cumulative foot, whichever is less; special temporary uses; reuse, change in use, or further development of sites per section 38.19.150, Essential Services Type II primarily underground with no above ground structures larger than 125 sq ft; and accessory structures associated with these uses. Other similar projects may be determined by the planning director to require only sketch plan review. The planning director may determine submittal requirements in addition to those in section 38.41.110. Projects which do not require sketch plan review may still require review and permitting for non-zoning issues. B. Sketch plan review procedures. 1. No certificate of appropriateness required. Sketch plans for projects which do not require a certificate of appropriateness shall be submitted to the planning department for a determination of compliance with the requirements of this chapter. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. In determining whether compliance is achieved the planning department shall consider the individual circumstances of the site when the development is subject to 38.19.150. 2. Certificate of appropriateness required. Sketch plans, including the material required by 38.41.090, and such additional information as may be required for projects which require a certificate of appropriateness as per 38.19.080 shall be submitted to the planning department, who shall review the proposal for compliance with this chapter, including 326 Ordinance No. 1893, Definition of Essential Services Page 10 of 12 compliance with the applicable overlay district requirements. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. C. Sketch plan review criteria. Sketch plans shall be reviewed for compliance with all applicable requirements of this chapter including overlay district requirements and the cessation of any current violations of this chapter, exclusive of any legal nonconforming conditions. Plan changes may be required. Section 12 That the Bozeman Municipal Code be amended by amending Section 38.21.060.A, to add an additional allowed encroachment into required yards to add text as follows with the remainder of the section remaining unchanged: 8. Essential Services Type I and Type II may be located within a required yard when they are within a utility easement. Section 13 That the Bozeman Municipal Code be amended by creating a new Section 38.22.230 Essential Services to read as follows: Sec. 38.22.230. Essential Services. A. In recognition of Section 69-4-201, MCA, City ordinances cannot conflict with the National Electric Safety Code (NESC). B. In recognition of Section 69-3-102, MCA, vesting control over fees, charges, and tariffs for public utilities in the Public Service Commission, the City does not determine the costs charged to customers for services. C. Essential Services of Types I, II, or III operable prior to September 3, 1991, shall be considered to have developed under an approved plan, and shall be reviewed under Sec. 38.19.140, Reuse, change in use or further development of sites developed prior to the adoption date of the ordinance from which this chapter is derived. 327 Ordinance No. 1893, Definition of Essential Services Page 11 of 12 Section 14 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 15 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 16 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 17 Codification. This Ordinance shall be codified as indicated in Sections 1 – 13. Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 328 Ordinance No. 1893, Definition of Essential Services Page 12 of 12 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 28th day of July 2014. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2014. The effective date of this ordinance is _____, __________, 2014. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 329 Attachment A for City Commission July 28, 2014 1 CURRENT TEXT Sec. 38.23.050. Utilities. A. Utilities shall be placed underground, wherever technically and economically feasible. Underground utilities, if placed in a street right-of-way, shall be installed after the street has been brought to grade and before it is surfaced. B. If overhead utility lines are used, they shall be located at the rear property line. C. Utility facilities shall be designed by utility firms in cooperation with the developer. The facilities are subject to all applicable laws, rules and regulations of the appropriate regulatory authorities. D. The developer shall provide adequate and appropriate utility easements in compliance with section 38.23.060. Sec. 38.42.030. Accessory building or use. A subordinate building, or portion of the principal building, located on the same lot as the principal building, or a subordinate use of land, either of which is customarily incidental to the principal building or to the principal use of land. Where part of an accessory building is connected to part of the principal building by a common wall, such accessory building shall be counted as part of the principal building. Essential Services (Type I) are considered accessory uses. Sec. 38.42.990. Essential services (Type I). Water pumping stations; stormwater drainage facilities (including collection lines, retention/detention ponds and drainageways); sanitary sewer and storm sewer lift stations; public domestic water storage facilities; water fill stations for firefighting equipment; local service telephone lines and cables; local service electrical distribution lines and cables; roof mounted distributed electrical generation solar panel arrays; local service cable television lines; local service electronic data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public and amateur radio antennae and towers. Sec. 38.42.1000. Essential services (Type II). Pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities; other accessory facilities, equipment and structures; and police and fire stations. ALTERNATIVES FOR CONSIDERATION OPTION 1 ESSENTIAL SERVICES DEFINTIONS Sec. 38.42.990. Essential services (Type I). Facilities, equipment and structures required for the provision within the City of public and quasi-public services. Additional items may be determined by the Director of Community Development to be appropriately included in this definition. Specific facilities, equipment and structures include: 1. Public water distribution lines, storage facilities; and pumping stations. 2. Public sanitary sewer collection lines; and lift stations. 3. Stormwater drainage collection lines, retention/detention ponds, drainageways; and storm sewer lift stations. 4. Water fill stations for firefighting equipment. 330 Attachment A for City Commission July 28, 2014 2 5. Electric service: a. Distribution and local transmission lines, cables and appurtenances no greater in height than the minimum required by the National Electric Safety Code (NESC). b. Transmission lines, cables and appurtenances operable prior to September 3, 1991 including the repair and replacement of the same as necessary to maintain their operation. 6. Natural gas service: a. Distribution lines and appurtenances. b. Transmission lines and appurtenances operable prior to September 3, 1991 including the repair and replacement of the same as necessary to maintain their operation. 7. Communications services: a. local service telephone lines and cables; b. local service cable television lines; c. local service electronic data transmission lines and cables; 8. Roof mounted distributed electrical generation solar panel arrays; 9. Public and amateur radio antennae and towers; 10. Storm sewer treatment; 11. Above ground utility boxes 20 sq. ft or less in footprint. Sec. 38.42.1000. Essential services (Type II). Facilities, equipment and structures required for the provision of public and quasi-public services not listed as an Essential Services (Type I). 1. Public water treatment 2. Sanitary sewer treatment. 3. Police and fire stations. 4. Electric substations and electrical transmission lines, cables and appurtenances, except those included in Essential Services (Type I). 5. Natural gas transmission lines and appurtenances, except those included in Essential Services (Type I), and natural gas regulator/valve stations and appurtenances. 6. Communications including but not limited to telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities. 7. Gasoline, oil and coal pipelines. No changes to assigned districts by use. OPTION 2 ESSENTIAL SERVICES DEFINTIONS Sec. 38.42.990. Essential services (Type I). Small-scale and below ground facilities, equipment and structures required for the provision of immediate customer service of public and quasi-public services within the City. Additional items may be determined by the Director of Community Development to be appropriately included in this definition. These facilities, equipment and structures include: 1. Public water distribution lines. 2. Public sanitary sewer collection lines. 3. Stormwater drainage collection lines, stormwater drainage retention/detention ponds, and drainageways.. 4. Fire hydrants. 331 Attachment A for City Commission July 28, 2014 3 5. Electric service: a. Below ground distribution and local transmission lines, cables and appurtenances. b. Above ground distribution and local transmission lines, cables and appurtenances no greater in height than the minimum required by the National Electric Safety Code (NESC) plus 15%. 6. Natural gas service: a. Below ground distribution lines and appurtenances. b. Below ground transmission lines and appurtenances. c. Natural gas regulator/valve stations and appurtenances, with no above ground buildings. 7. Communications services: a. Below ground telephone lines and cables; b. Below ground cable television lines; c. Below ground electronic data transmission lines and cables; 8. Above ground utility boxes, not to exceed 20 square feet in footprint; 9. Roof mounted distributed electrical generation solar panel arrays; 10. Public and amateur radio antennae and towers Sec. 38.42.1000. Essential services (Type II). Facilities, equipment and structures required for the provision of neighborhood level public and quasi- public services within the City. Additional items may be determined by the Director of Community Development to be appropriately included in this definition. Specific facilities, equipment and structures include: 1. Public water storage facilities; and pumping stations. 2. Public sanitary sewer or storm sewer lift stations. 3. Water fill stations for firefighting equipment. 4. Electric service: a. Transmission lines, cables and appurtenances operable prior to September 3, 1991 including the repair and replacement of the same as necessary to maintain their operation. b. Transmission lines, cables, and appurtenances 161kV or less and no greater in height than the minimum required by the National Electric Safety Code (NESC) plus 25%, other than those included in Essential Services (Type I) 5. Natural gas service: a. Natural gas regulator/valve stations and appurtenances, with above ground buildings not to exceed 125 sq. ft. 6. Communications services, except those included in Essential Services (Type I), including above ground buildings not to exceed 125 sq. ft: a. telephone lines and cables; b. cable television lines; c. electronic data transmission lines and cables; 7. Above ground utility boxes, from 20-125 sq. ft., except those included in Essential Services (Type I) Sec. 38.42.1005. Essential services (Type III). Community-scale facilities, equipment and structures required for the provision of public services not listed as an Essential Services (Type I or II). 1. Public water treatment 2. Sanitary sewer treatment. 3. Storm sewer treatment. 4. Police and fire stations. 332 Attachment A for City Commission July 28, 2014 4 5. Electric substations and electrical transmission lines, cables and appurtenances, except those included in Essential Services (Type I) or Essential Services (Type II). 6. Natural gas regulator/valve stations and appurtenances, with above ground buildings in excess of 125 sq. ft. 7. Communications including but not limited to telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities. 8. Gasoline, oil and coal pipelines. PROPOSED REVIEW PROCEDURES BY ZONING DISTRICT FOR OPTION 2 TABLE 38.08.020 Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Essential Services Type I A A A A A A A Essential Services Type II P P P P P P P CEssential Services Type III 10 -C10 -C10 -C10 -C10 -C C10 10 10 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. TABLE 38.09.020 Table of Uses (Residential Emphasis Mixed Use) Maximum Gross Building Area Authorized Uses Essential Services Type I A Essential Services Type II C P Essential Services Type III C5 5 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. TABLE 38.10.020 Table of Commercial Uses Authorized Uses B-1 B-2 B-3 Essential Services Type I A A A Essential Services Type II P P P CEssential Services Type III 9 P - C9 9 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. 333 Attachment A for City Commission July 28, 2014 5 TABLE 38.11.020 Table of Uses (Urban Mixed Use) Authorized Uses A Essential Services Type I Essential Services Type II C P C Essential Services Type III TABLE 38.12.020 Table of Industrial Uses Permitted Uses BP M-1 M-2 Essential Services Type I A A A Essential Services Type II P P P P Essential Services Type III P P TABLE 38.13.030 Table of Uses (Public Lands and Institutions) Authorized Uses Essential Services Type I A Essential Services Type II C P P Essential Services Type III OPTION 2 Sec. 38.19.070. Sketch plan review. A. Sketch plan submittal requirements. 1. Certain independent development proposals (i.e., not in conjunction with other development) are required to submit only sketch plans which include the information specified in section 38.41.110. 2. Separate construction plans are necessary for building permits when the proposal requires such permits. Additional information is also necessary when the proposal requires the issuance of a certificate of appropriateness (see sections 38.19.080 and 38.41.090). 3. Examples of independent projects which qualify for sketch plan review are: individual single-household including manufactured homes on individual lots, two-household, three-household, and four-household residential units, each on individual lots and independent of other site development; accessory dwelling units in the R-2, R-3 and R-4 districts; fences; signs in compliance with the requirements of this chapter; regulated activities in areas with regulated wetlands not in conjunction with a land development proposal; grading of sites disturbing more than one-eighth but less than one-half acre, or movement of more than 30 but less than 100 cubic yards of material, or cut or fill of less than one cumulative foot, whichever is less; special 334 Attachment A for City Commission July 28, 2014 6 temporary uses; reuse, change in use, or further development of sites per section 38.19.150, Essential Services Type II primarily underground with no above ground structures larger than 125 sq ft; B. Sketch plan review procedures. and accessory structures associated with these uses. Other similar projects may be determined by the planning director to require only sketch plan review. The planning director may determine submittal requirements in addition to those in section 38.41.110. Projects which do not require sketch plan review may still require review and permitting for nonzoning issues. 1. No certificate of appropriateness required. Sketch plans for projects which do not require a certificate of appropriateness shall be submitted to the planning department for a determination of compliance with the requirements of this chapter. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. In determining whether compliance is achieved the planning department shall consider the individual circumstances of the site when the development is subject to 38.19.150. 2. Certificate of appropriateness required. Sketch plans, including the material required by 38.41.090, and such additional information as may be required for projects which require a certificate of appropriateness as per 38.19.080 shall be submitted to the planning department, who shall review the proposal for compliance with this chapter, including compliance with the applicable overlay district requirements. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. C. Sketch plan review criteria. Sketch plans shall be reviewed for compliance with all applicable requirements of this chapter including overlay district requirements and the cessation of any current violations of this chapter, exclusive of any legal nonconforming conditions. Plan changes may be required. OPTION 1 AND OPTION 2 SECTION 38.21.060.A A. Permitted encroachments into yards. The following shall be permitted encroachments into required yards, subject to any and all applicable International Building Code requirements: 1. Architectural features which do not add usable area to a structure, such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves, gutters, awnings, window wells and steps, provided such architectural features do not extend more than five feet into any required front or rear yard; 2. Architectural features, which do not add usable area to a structure, such as chimneys, balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, awnings, window wells and steps, provided such architectural features do not extend more than two feet into any required side yard, except that eaves and gutters may extend 2.5 feet into any required side yard; 3. Terraces and patios, uncovered decks and stoops or similar features, provided that such features shall not extend above the height of the ground floor level of the principal structure nor more than five feet into any required front or rear yard or two feet into any required side yard; 4. Where porches, covered terraces and covered decks occupy not more than one-third of the length of the building wall, excluding the width of the garage if applicable they may encroach: a. Where the required front yard is greater than 15 feet, not more than five feet into any required front yard; b. Not more than five feet into a required rear yard; c. Not more than two feet into any required side yard; and 5. Fire escapes may be permitted in required side or rear yards only; 335 Attachment A for City Commission July 28, 2014 7 6. Wheelchair ramps may encroach into any required yard, but shall not be located closer than three feet from any property line; and 7. Flagpoles, ornamental features, trees, shrubs, walkways, and nameplate signs may be located within a required yard. Street vision triangle requirements apply. 8. Essential Services Type I and Type II may be located within a required yard when they are within a utility easement. OPTION 1 AND OPTION 2 SECTION 38.22.230 ESSENTIAL SERVICES Create a new Section 38.22.230 Essential Services to establish special standards applicable to Essential Services Types I and II. Sec. 38.22.230. Essential Services. A. In recognition of Section 69-4-201, MCA, City ordinances cannot conflict with the National Electric Safety Code (NESC). B. In recognition of Section 69-3-102, MCA, vesting control over fees, charges, and tariffs for public utilities in the Public Service Commission, the City does not determine the costs charged to customers for services. C. Essential Services of Types I, II, or III operable prior to September 3, 1991, shall be considered to have developed under an approved plan, and shall be reviewed under Sec. 38.19.140. Reuse, change in use or further development of sites developed prior to the adoption date of the ordinance from which this chapter is derived. 336 Attachment B Side by Side Comparison of Essential Services Amendment, Recommended Option Text Sec. 38.42.990. Essential services (Type I). (Least Intensive) Small-scale and below ground facilities, equipment and structures required for the provision of immediate customer service of public and quasi-public services within the City. Additional items may be determined by the Director of Community Development to be appropriately included in this definition. These facilities, equipment and structures include: 1. Public water distribution lines. 2. Public sanitary sewer collection lines. 3. Stormwater drainage collection lines, stormwater drainage retention/detention ponds, and drainageways. 4. Fire hydrants. 5. Electric service: a. Below ground distribution and local transmission lines, cables and appurtenances. b. Above ground distribution and local transmission lines, cables and appurtenances no greater in height than the minimum required by the National Electric Safety Code (NESC) plus 15%. 6. Natural gas service: a. Below ground distribution lines and appurtenances. b. Below ground transmission lines and appurtenances. c. Natural gas regulator/valve stations and appurtenances, with no above ground buildings. 7. Communications services: a. Below ground telephone lines and cables; b. Below ground cable television lines; c. Below ground electronic data transmission lines and cables; 8. Above ground utility boxes, not to exceed 20 square feet in footprint; 9. Roof mounted distributed electrical generation solar panel arrays; 10. Public and amateur radio antennae and towers Sec. 38.42.1000. Essential services (Type II). (Middle Intensity) Facilities, equipment and structures required for the provision of neighborhood level public and quasi-public services within the City. Additional items may be determined by the Director of Community Development to be appropriately included in this definition. Specific facilities, equipment and structures include: 1. Public water storage facilities; and pumping stations. 2. Public sanitary sewer or storm sewer lift stations. 3. Water fill stations for firefighting equipment. 4. Electric service: a. Transmission lines, cables and appurtenances operable prior to September 3, 1991 including the repair and replacement of the same as necessary to maintain their operation. b. Transmission lines, cables, and appurtenances 161kV or less and no greater in height than the minimum required by the National Electric Safety Code (NESC) plus 25%, other than those included in Essential Services (Type I) 5. Natural gas service: a. Natural gas regulator/valve stations and appurtenances, with above ground buildings not to exceed 125 sq. ft. 6. Communications services, except those included in Essential Services (Type I), including above ground buildings not to exceed 125 sq. ft: a. telephone lines and cables; b. cable television lines; c. electronic data transmission lines and cables; 7. Above ground utility boxes, from 20-125 sq. ft., except those included in Essential Services (Type I) Sec. 38.42.1005. Essential services (Type III). (Most Intensive) Community-scale facilities, equipment and structures required for the provision of public services not listed as an Essential Services (Type I or II). 1. Public water treatment 2. Sanitary sewer treatment. 3. Storm sewer treatment. 4. Police and fire stations. 5. Electric substations and electrical transmission lines, cables and appurtenances, except those included in Essential Services (Type I) or Essential Services (Type II). 6. Natural gas regulator/valve stations and appurtenances, with above ground buildings in excess of 125 sq. ft. 7. Communications including but not limited to telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities. 8. Gasoline, oil and coal pipelines. 337 1 MINUTES CITY OF BOZEMAN ZONING COMMISSION, CITY COMMISSION ROOM, CITY HALL 121 NORTH ROUSE AVENUE TUESDAY, JUNE 17, 2014 6:00 P.M. To see the minutes linked to the video of this meeting please go to: http://www.avcaptureall.com/Sessions.aspx#session.370e0d57-87db-4ad3-ad68-e8e51f41f726 ITEM 1. CALL TO ORDER AND ATTENDANCE Staff Mayor - Jeff Krauss: Present Commission Chair - Erik Garberg: Present Commission Member - Julien Morice: Present Commission Member - George Thompson: Present Commission Member - Dan Stevenson: Present Commission Member - Laura Dornberger: Present Chris Saunders, Planning and Policy Manager Brian Krueger, Development Review Manager Member of the Public Renna Sanchez – Northwestern Energy Ben Lloyd – Cannery District Partners Cordell Pool – Stahly Engineering ITEM 2. PUBLIC COMMENT (Limited to any public matter within the jurisdiction of the Zoning Commission and not scheduled on this agenda. There is a three-minute time limit per speaker.) 06:15:53 PM – Opened for public comment. No public comment forthcoming ITEM 3. MINUTES OF MARCH 18, 2014 ITEM 4. PROJECT REVIEW 1. Definition of Essential Services ZCA Z14120 (Saunders) A Zone Code Amendment Application to amend the Bozeman Municipal Code to revise Section 38.42.990 Essential Services Type 1 and Section 38.42.1000 Essential Services Type II, to add Essential Services Type I to Table 38.09.020 as a principal use, and to create a new Section 38.22.230 Essential Services to establish special standards applicable to Essential Services Types I and II. Essential Services Types I and II are definitions describing utility facilities of differing intensities and enabling them to be assigned as principal or conditional 2 will remain the same. If additional definitions are created, all the authorized use tables for all zoning districts as described in Articles 38.08 through 38.14, BMC will be amended to add the new definitions to the authorized use tables and to assign a review process to each definition of Essential Services by which it can be approved in each zoning district. 06:03:41 PM - Planner Saunders presented the staff report for Application Z14120. 06:15:48 PM – Planner Saunders concluded his presentation. 06:15:53 PM – Chairperson Garberg opened for questions of staff. Questions for Planner Saunders from Mr. Thompson, Mr. Stevenson, and Mr. Morice. 06:22:39 PM – Chairperson Garberg closed staff questioning and opened for public comment. Ms. Renna Sanchez, Northwestern Energy, Land and Permitting Department in Butte, spoke to Northwestern Energy’s long-term goals and requested the Zoning Commission’s support. 06:26:26 PM – Chairperson Garberg closed the public hearing and opened for discussion, motion, and vote. Questions from Mr. Thompson and Ms. Dornberger. 06:15:53 PM – Opened for motion. Motion “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for Application Z14120 and move to recommend approval of the Essential Services Text Amendment Option #2.” 06:31:45 PM Commission Member - Julien Morice: Motion Commission Member - Dan Stevenson: 2nd – Opened for discussion of motion. 06:32:13 PM – Vote Commission Member - Julien Morice: Motion Commission Member - Dan Stevenson: 2nd Commission Chair - Erik Garberg: Approve Commission Member - Julien Morice: Approve Commission Member - George Thompson: Approve Commission Member - Dan Stevenson: Approve Commission Member - Laura Dornberger: Approve Motion carries unanimously 06:32:26 PM – Close hearing for Application Z14120 and open for Application Z14072. 2. Cannery District Zone Map Amendment Z14072 (Krueger) A Zone Map Amendment application requested by owners Bozeman Pea Cannery Properties, 339 3 LLC, 250 Rivers Road Belgrade, MT 59714 and Montana Avenue Partners, 1006 West Main Street Bozeman, MT 59715 and Green Thumb, LLC 1612 Gold Avenue Bozeman, MT 59715 and Turczyn Jump, LLC 2712 Daisy Drive Bozeman, MT 59718 and The Northside Property Owners Association 1006 West Main Street Bozeman, MT 59715 and representative Comma Q Architecture 109 N. Rouse Avenue #1 Bozeman, MT 59715 to rezone approximately 7.77-acres from PLI (Public Lands and Institutions District) and M-1 (Light Manufacturing District) to B-2 (Community Business District) as allowed by Article 38.37 of the Bozeman Municipal Code. The property is legally described as a tract of land being Tract 3-A of C.O.S. 2128B, portions of Block 2 and Block 3 of the Imes Addition to Bozeman that is North of the Centerline of Oak Street, Tract B of the Amended Plat C-41-E and Tract A of the Amended Plat C-41-D that lies North of the Centerline of Oak Street, all of Minor Subdivision No’s. 391, 391A and 391B, and adjacent streets and alleys; Located in the SW1/4 of Section 6, Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana. 06:32:50 PM – Planner Krueger presented the staff report for Application Z14072. 06:41:24 PM – Planner Krueger concluded his staff presentation. 06:41:28 PM – Chairperson Garberg opened for questions of staff. Questions and comments from Mr. Stevenson, Mr. Thompson, Mayor Krauss, and Ms. Dornberger. 06:50:33 PM - Ben Lloyd, representing Cannery District Partners, spoke for the Applicant. 06:51:43 PM – Chairperson Garberg opened for public comment. No public comment forthcoming. 06:52:01 PM - Chairperson Garberg opened for motion, discussion and vote. Motion “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for Application Z14072 and move to recommend approval of the Zone Map Amendment with contingencies.” Commission Member - Dan Stevenson: Motion Commission Member - Laura Dornberger: 2nd 06:52:35 PM – Opened for discussion of motion. Mr. Stevenson addressed his motion. 340 4 06:53:03 PM - Vote Commission Member - Dan Stevenson: Motion Commission Member - Laura Dornberger: 2nd Commission Chair - Erik Garberg: Approve Commission Member - Julien Morice: Approve Commission Member - George Thompson: Approve Commission Member - Dan Stevenson: Approve Commission Member - Laura Dornberger: Approve Motion carries unanimously. ITEM 5. NEW BUSINESS 06:53:22 PM – Chairperson Garberg opened for new business. No new business to discuss. Chairperson Garberg asked for a motion to adjourn. Mr. Stevenson moved to adjourn. 06:53:39 PM - Meeting adjourned. ITEM 6. ADJOURNMENT This meeting is open to all members of the public. If you have a disability that requires assistance, please contact ADA Coordinator, James Goehrung, at 582-3200 (voice) or 582-2301/582-2432 (TDD). 341 From:Sanchez, Rona To:Wendy Thomas; Chris Saunders Cc:"Lanette Windemaker"; Asay, John P (Pat) Subject:FW: Bozeman Zoning Date:Tuesday, June 24, 2014 1:33:50 PM Attachments:Essential Services text proposal draft (06-24-14).docxEssential Services text proposal draft (compare with comments 06-24-14).docx Hello Chris and Wendy, We are still struggling with a few issues that we’d like you to consider. We are trying to keep the edits to the text to a minimum, but still address the big issues for utilities. Attached is the clean version and the other which compares the clean version to the version provided by Chris Saunders on 6/17/14. We chose a distance of a relocation to be 1,000 feet because that is the distance we agreed to in the Big Sky zoning regulations. Below is a Google Earth image of Oak Street, with yellow lines depicting (roughly) the distance of 1,000 feet, just as an example. There is no plan to relocate that line. 342 Let me know of any questions or suggestions. John K. Tabaracci | Attorney at Law SULLIVAN, TABARACCI & RHOADES, P.C. 1821 South Avenue West, Third Floor Missoula, MT 59801 Phone: (406) 721-9700 jkt@montanalawyer.com www.MontanaLawyer.com CONFIDENTIALITY NOTICE: This communication is confidential and subject to attorney/client privilege. If you received this in error, please immediately notify the sender and destroy all copies (electronic or otherwise). CIRCULAR 230 DISCLOSURE: To the extent the preceding contains advice relating to a federal tax issue, unless expressly stated otherwise the advice is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer for the purpose of avoiding federal tax penalties, and was not written to support the promotion or marketing of any transaction or matter discussed herein. 343 Attachment A for Zoning Commission June 17, 2014 – Northwestern Energy Comments 6-13-2014 CURRENT TEXT Sec. 38.42.990. Essential services (Type I). Water pumping stations; stormwater drainage facilities (including collection lines, retention/detention ponds and drainageways); sanitary sewer and storm sewer lift stations; public domestic water storage facilities; water fill stations for firefighting equipment; local service telephone lines and cables; local service electrical distribution lines and cables; roof mounted distributed electrical generation solar panel arrays; local service cable television lines; local service electronic data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public and amateur radio antennae and towers. Sec. 38.42.1000. Essential services (Type II). Pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities; other accessory facilities, equipment and structures; and police and fire stations. OPTION 1 ESSENTIAL SERVICES DEFINTIONS Sec. 38.42.990. Essential services (Type I). Facilities, equipment and structures required for the provision within the City of public and quasi-public services. Additional items may be determined by the Director of Community Development to be appropriately included in this definition. Specific facilities, equipment and structures include: 1. Public water distribution lines, storage facilities; and pumping stations. 2. Public sanitary sewer collection lines; and lift stations. 3. Stormwater drainage collection lines, retention/detention ponds, drainageways; and storm sewer lift stations. 4. Water fill stations for firefighting equipment. 5. Electric service: a. Distribution and local transmission lines, cables and appurtenances no greater in height than the minimum required by the National Electric Safety Code (NESC) or the electric utility’s standards, whichever is the greater height. b. Transmission lines, cables and appurtenances operable prior to September 3, 1991 including the repair, replacement and relocation of the same as necessary to maintain their operation. c. Above ground electric utility boxes. 6. Natural gas service: a. Distribution lines and appurtenances. b. Transmission lines and appurtenances operable prior to September 3, 1991 including the repair, replacement and relocation of the same as necessary to maintain their operation. 7. Communications services: a. local service telephone lines and cables; b. local service cable television lines; c. local service electronic data transmission lines and cables; 8. Roof mounted distributed electrical generation solar panel arrays; 9. Public and amateur radio antennae and towers. 10. Storm sewer treatment. 344 Attachment A for Zoning Commission June 17, 2014 – Northwestern Energy Comments 6-13-2014 Sec. 38.42.1000. Essential services (Type II). Facilities, equipment and structures required for the provision of public services not listed as an Essential Services (Type I). 1. Public water treatment 2. Sanitary sewer treatment. 3. Police and fire stations. 4. Electric substations and electrical transmission lines, cables and appurtenances, except those included in Essential Services (Type I). 5. Natural gas transmission lines and appurtenances, except those included in Essential Services (Type I), and natural gas regulator/valve stations and appurtenances. 6. Communications including but not limited to telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities. 7. Gasoline, oil and coal pipelines. OPTION 2 ESSENTIAL SERVICES DEFINTIONS Sec. 38.42.030. Accessory building or use. A subordinate building, or portion of the principal building, located on the same lot as the principal building, or a subordinate use of land, either of which is customarily incidental to the principal building or to the principal use of land. Where part of an accessory building is connected to part of the principal building by a common wall, such accessory building shall be counted as part of the principal building. Essential Services (Type I) are considered accessory uses. Sec. 38.42.990. Essential services (Type I). Small-scale and below ground facilities, equipment and structures required for the provision of immediate customer service of public and quasi-public services within the City. Additional items may be determined by the Director of Community Development to be appropriately included in this definition. These facilities, equipment and structures include: 1. Public water distribution lines. 2. Public sanitary sewer collection lines. 3. Stormwater drainage collection lines, stormwater drainage retention/detention ponds, drainageways; and storm sewer lift stations. 4. Fire hydrants. 5. Electric service: a. Below ground lines, cables and appurtenances. b. Above ground distribution and local transmission lines, cables and appurtenances no greater in height than the minimum required by the National Electric Safety Code (NESC) or the electric utility’s standards, whichever is the greater height. c. Above ground electric utility boxes. 6. Natural gas service: a. Below ground distribution lines and appurtenances. b. Below ground transmission lines and appurtenances. c. Natural gas regulator/valve stations and appurtenances, with no above ground buildings. 7. Communications services: a. Below ground telephone lines and cables; b. Below ground cable television lines; 345 Attachment A for Zoning Commission June 17, 2014 – Northwestern Energy Comments 6-13-2014 c. Below ground electronic data transmission lines and cables; 8. Roof mounted distributed electrical generation solar panel arrays 9. Public and amateur radio antennae and towers Sec. 38.42.1000. Essential services (Type II). Facilities, equipment and structures required for the provision of neighborhood level public and quasi- public services within the City. Additional items may be determined by the Director of Community Development to be appropriately included in this definition. Specific facilities, equipment and structures include: 1. Public water storage facilities; and pumping stations. 2. Public sanitary sewer lift stations. 3. Water fill stations for firefighting equipment. 4. Electric service: a. Transmission lines, cables and appurtenances operable prior to September 3, 1991 including the repair, replacement and relocation of the same as necessary to maintain their operation. b. Transmission lines, cables and appurtenances 161kV or less, other than those included in Essential Services (Type I) 5. Natural gas service: a. Natural gas regulator/valve stations and appurtenances, with above ground buildings not to exceed 120sq. ft. 6. Communications services, above ground including buildings not to exceed 120 sq. ft: a. telephone lines and cables; b. cable television lines; c. electronic data transmission lines and cables; 7. Above ground utility boxes, from 15-120 sq. ft., except those included in Essential Services (Type I) Sec. 38.42.1005. Essential services (Type III). Community-scale facilities, equipment and structures required for the provision of public services not listed as an Essential Services (Type I or II). 1. Public water treatment 2. Sanitary sewer treatment. 3. Storm sewer treatment. 4. Police and fire stations. 5. Electric substations and electrical transmission lines, cables and appurtenances, except those included in Essential Services (Type I) or Essential Services (Type II). 6. Natural gas regulator/valve stations and appurtenances, with above ground buildings in excess of 120 sq. ft. 7. Communications including but not limited to telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities. 8. Gasoline, oil and coal pipelines. 346 Attachment A for Zoning Commission June 17, 2014 – Northwestern Energy Comments 6-13-2014 PROPOSED REVIEW PROCEDURES BY ZONING DISTRICT FOR OPTION 2 TABLE 38.08.020 Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Essential Services Type I A A A A A A A Essential Services Type II P P P P P P P Essential Services Type III C C C C C C C TABLE 38.09.020 Table of Uses (Residential Emphasis Mixed Use) Maximum Gross Building Area Authorized Uses Essential Services Type I A Essential Services Type II P Essential Services Type III C TABLE 38.10.020 Table of Commercial Uses Authorized Uses B-1 B-2 B-3 Essential Services Type I A A A Essential Services Type II P P P Essential Services Type III C P P TABLE 38.11.020 Table of Uses (Urban Mixed Use) Authorized Uses Essential Services Type I A Essential Services Type II P Essential Services Type III C TABLE 38.12.020 Table of Industrial Uses Permitted Uses BP M-1 M-2 Essential Services Type I A A A Essential Services Type II P P P Essential Services Type III P P P 347 Attachment A for Zoning Commission June 17, 2014 – Northwestern Energy Comments 6-13-2014 TABLE 38.13.030 Table of Uses (Public Lands and Institutions) Authorized Uses Essential Services Type I A Essential Services Type II P Essential Services Type III P Sec. 38.19.070. Sketch plan review. A. Sketch plan submittal requirements. 1. Certain independent development proposals (i.e., not in conjunction with other development) are required to submit only sketch plans which include the information specified in section 38.41.110. 2. Separate construction plans are necessary for building permits when the proposal requires such permits. Additional information is also necessary when the proposal requires the issuance of a certificate of appropriateness (see sections 38.19.080 and 38.41.090). 3. Examples of independent projects which qualify for sketch plan review are: individual single-household including manufactured homes on individual lots, two-household, three-household, and four-household residential units, each on individual lots and independent of other site development; accessory dwelling units in the R-2, R-3 and R-4 districts; fences; signs in compliance with the requirements of this chapter; regulated activities in areas with regulated wetlands not in conjunction with a land development proposal; grading of sites disturbing more than one-eighth but less than one-half acre, or movement of more than 30 but less than 100 cubic yards of material, or cut or fill of less than one cumulative foot, whichever is less; special temporary uses; reuse, change in use, or further development of sites per section 38.19.150, Essential Services Type II if completely underground; and accessory structures associated with these uses. Other similar projects may be determined by the planning director to require only sketch plan review. The planning director may determine submittal requirements in addition to those in section 38.41.110. Projects which do not require sketch plan review may still require review and permitting for nonzoning issues. B. Sketch plan review procedures. 1. No certificate of appropriateness required. Sketch plans for projects which do not require a certificate of appropriateness shall be submitted to the planning department for a determination of compliance with the requirements of this chapter. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. In determining whether compliance is achieved the planning department shall consider the individual circumstances of the site when the development is subject to 38.19.150. 2. Certificate of appropriateness required. Sketch plans, including the material required by 38.41.090, and such additional information as may be required for projects which require a certificate of appropriateness as per 38.19.080 shall be submitted to the planning department, who shall review the proposal for compliance with this chapter, including compliance with the applicable overlay district requirements. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. C. Sketch plan review criteria. Sketch plans shall be reviewed for compliance with all applicable requirements of this chapter including overlay district requirements and the cessation of any current 348 Attachment A for Zoning Commission June 17, 2014 – Northwestern Energy Comments 6-13-2014 violations of this chapter, exclusive of any legal nonconforming conditions. Plan changes may be required. SECTION 38.22.230 ESSENTIAL SERVICES Create a new Section 38.22.230 Essential Services to establish special standards applicable to Essential Services Types I and II. Sec. 38.22.230. Essential Services. A. In recognition of MCA §69-4-201, City ordinances cannot conflict with the National Electric Safety Code (NESC). B. In recognition of MCA §69-3-102 vesting control over fees, charges, and tariffs for public utilities in the Public Service Commission, the City does not determine the costs charged to customers for services. C. Essential Services operable prior to September 3, 1991, shall be considered to have developed under an approved plan, and shall be reviewed under Sec. 38.19.140. Reuse, change in use or further development of sites developed prior to the adoption date of the ordinance from which this chapter is derived. 349 From:Lanette Windemaker To:Chris Saunders Subject:Essential Services 161 kV Date:Thursday, May 29, 2014 5:14:05 PM Attachments:161 kV.docx Chris, Here is some information on 161 kV. Lanette Lanette Windemaker, AICP Planning Consultant 406.586.5266 How the electric transmission system works Typical transmission line structures • How dependable electricity reaches you Transmission lines are sets of wires, called conductors, that carry electric power from generating plants to the substations that deliver power to customers. At a generating plant, electric power is “stepped up” to several thousand volts by a transformer and delivered to the transmission line. At numerous substations on the transmission system, transformers step down the power to a lower voltage and deliver it to distribution lines. Distribution lines carry power to farms, homes and businesses. The type of transmission structures used for any project is determined by the characteristics of the transmission line’s route, including terrain and existing infrastructure. Typical transmission line structures • High-voltage (230-kV, 345-kV, 400-kV (DC), 500-kV (DC): Currently in Minnesota, the high-voltage system is generally comprised of 230-kiloVolt and 345-kV systems. There are also two direct current (DC) lines, one of 400-kV and one at 500-kV. Structures are generally steel lattice towers, wooden H-Frames or single-pole steel. (photos below of each). • Lower voltage transmission systems: 161-kV and 115-kV systems are responsible for transmitting power from the larger transmission system and generation facility throughout the entire state. Some large industrial customers may be served directly from 161-kV and 115-kV systems. 161-kV and 115-kV structures are generally single pole structures between 70 and 95 feet tall. 69-kV through 23-kV systems transmit power to distribution substations. These also provide connection to some of the more remote and sparsely populated areas in greater Minnesota. Many smaller and rural industrial customers receive power directly from these systems. Structures are generally single pole towers, constructed of either wood or steel and range from 50-70 feet tall. 351 Transmission Nominal Voltage: +/- 400 kV HVDC Type: Tower Typical Tower Height: 145-180 feet Typical Right-of-Way Width: 160-180 feet Transmission Nominal Voltage: 500 kV Type: Tower Typical Tower Height: 90-150 feet Typical Right-of-Way Width: 160-200 feet Transmission Nominal Voltage: 345 kV Type: Double Ckt Pole Typical Tower Height: 115-150 feet Typical Right-of-Way Width: 140-160 feet Transmission Nominal Voltage: 230 kV Type: H-Frame Typical Tower Height: 60-90 feet Typical Right-of-Way Width: 100-160 feet Transmission Nominal Voltage: 161 kV Type: Single Pole Typical Tower Height: 70-95 feet Typical Right-of-Way Width: 100-150 feet Transmission Nominal Voltage: 115 kV Type: Single Pole Typical Tower Height: 55-80 feet Typical Right-of-Way Width: 90-130 feet Transmission Nominal Voltage: 69 kV Type: Single Pole Typical Tower Height: 50-70 feet Typical Right-of-Way Width: 70-100 feet http://www.minnelectrans.com/transmission-system.html 352 THE NESC General Information NESC 2012 Electronic Revision Process Revision Submittal Form NESC Member Login RESOURCES NESC Interpretations NESC Errata NESC TIAs CONTACT NESC STAFF GENERAL INFORMATION The NESC is revised every 5 years. The purpose of the NESC is the practical safeguarding of persons during the installation, operation, or maintenance of electrical supply and communication lines, equipment, and associated work practices employed by a public or private electric supply, communications, railway, or similar utility in the exercise of its function as a utility. It covers similar systems under the control of qualified persons, such as those associated with an industrial complex or utility interactive system. It is not intended as a design specification or as an instruction manual. What Isn't Covered NESC rules do not cover installations in mines, ships, railway rolling equipment, aircraft, or automotive equipment, or utilization wiring except as covered in Parts 1 and 3. For building utilization wiring requirements, see the National Electrical Code. State Adoptions IEEE is currently undertaking a survey of all Public Service Commissions, Public Utility Commissions, or other appropriate state regulatory bodies to determine the edition of the NESC in effect in each state and how that adoption is promulgated. For specific contact information for each public service or public utility commission, see the listing provided by the National Association of Regulatory Utility Commissioners (NARUC). •NARUC Survey Information How the NESC differs from the National Electric Code®(NEC®) The NEC, NFPA-70, addresses proper electrical systems and equipment installation to protect people and property from hazards arising from the use of electricity in buildings and structures. This includes: • Installations of electric conductors and equipment within or on public and private buildings or other structures, including mobile homes, recreational vehicles, and floating buildings; and other premises such as yards, carnivals, parking lots, and industrial substations. • Installations of conductors and equipment that connect to the supply of electricity. • Installations of other outside conductors and equipment on the premises. • Installations of optical fiber cable. • Installations in buildings used by the electric utility, such as office buildings, warehouses, garages, machine shops, and recreational buildings that are not an integral part of a generating plant, substation, or control center. ADDITIONAL INFORMATION NESC Committee Review Procedures NESC Revision Process NESC Revision Schedule RELATED LINKS NESC Interpretation Request (.doc) View all available editions of the NESC Related products including handbooks & CD- ROMS IEEE-SA Copyright Policy © Copyright 2014 IEEE – All rights reserved. Use of this Web site signifies your agreement to the IEEE Terms & Conditions.A not-for-profit organization, IEEE is the world's largest professional association for the advancement of technology. Contact FAQs standards.ieee.org only GO National Electrical Safety Code®(NESC®) The one-stop resource for the National Electrical Safety Code. Find Standards Develop Standards Get Involved News & Events About Us Buy Standards eTools Page 1 of 2IEEE-SA - NESC General Information 6/16/2014http://standards.ieee.org/about/nesc/general.html 353 Page 2 of 2IEEE-SA - NESC General Information 6/16/2014http://standards.ieee.org/about/nesc/general.html 354