[Ord. No. 04-162 §2, 10-13-2004; Ord. No. 05-027 §1, 3-1-2005]
A.
All setback distance shall be measured from the nearest edge of the
pipeline.
B.
In all zoning districts, buildings shall be set back a minimum of
twenty-five (25) feet from any high pressure pipeline.
C.
In all zoning districts, all principal buildings, whether public
or private, used for community or neighborhood recreation services,
private or public education, spectator entertainment or sports, exhibition
and convention facilities, major health services, religious assemblies
or facilities used for public gatherings shall be set back a minimum
of one hundred (100) feet from any high pressure pipeline.
D.
If any building is erected at a distance of twenty-five (25) to fifty
(50) feet from such pipeline, the owner of the building site and that
owner's agents and contractors shall ensure that the cover over such
pipeline meets the United States Department of Transportation regulations
and requirements for additional cover as specified for all high pressure
pipelines located within fifty (50) feet of a structure.
E.
Easements shall be kept clear of all trees, bushes and structures.
F.
No building, whether residential, commercial or industrial, nor any
accessory structure may be built within the easement of a high pressure
pipeline, however this shall not prevent street improvements or utilities
from crossing the easement with the consent of the pipeline company.
G.
Where a developer seeking approval for a proposed subdivision of land places the pipeline and pipeline setback in common ground pursuant to the requirements of Sections 410.110(C)(2)(q) and 410.210(M) of this Unified Development Ordinance, the area within the common ground encompassed by the pipeline and pipeline setback area may be applied to reduce the size of lots in the subdivision, on the following conditions:
1.
The lot size reductions shall not exceed the area encompassed within
such common ground area;
2.
No lot may be reduced to a size smaller than that permitted under
the next highest level of density allowed in the residential zoning
hierarchy established in the Unified Development Ordinance; and
3.
Those lots that are reduced in size shall also be entitled and have
applied to them the yard, area, lot widths and setbacks under the
next highest level of density allowed in the residential zoning hierarchy
established in the Unified Development Ordinance.
H.
The Board of Zoning Adjustment shall have the authority to approve a reduced setback where the applicant to the Board can prove that there is a unique hardship to the property that prevents the reasonable and practicable development of the property. In such cases, the Board of Zoning Adjustment shall give notice by U.S. mail as provided in Section 405.590(B) of the Unified Development Ordinance not only to the property owners or agents described therein but also to the owners of the pipeline from which the setback in question is measured. Further, in such cases, the Board of Zoning Adjustment may require berming, containment systems or other requirements to mitigate the potential for injury to persons or damage to buildings by a high pressure pipeline leak or explosion. Appeals from the decision of the Board shall be in the manner provided for all other decision of the Board of Zoning Adjustment.
