361-4. Unlawful Acts.
Whenever the Board creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 361-3 hereof, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities my be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Section 361-7 hereof, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this chapter.
(a) Exception, Emergency or Unusual Circumstances. Notwithstanding the provisions of this chapter, overhead facilities may be installed and maintained for a period not to exceed not to exceed thirty (30) days, without authority of the Board, in order to provide emergency service. The Board may grant special permission on such terms as the Board may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.
(b) Other Exceptions. This chapter and any resolution adopted pursuant to Section 361-3 hereof shall not apply, unless otherwise provided in such resolution, to the following types of facilities:
(1) County facilities or equipment installed under the supervision and to the satisfaction of the Director.
(2) Poles or electroliers used exclusively for street lighting.
(3) Overhead wires (exclusive of supporting structures) crossing any portion or a district within which overhead wires have been prohibited, or connecting to building on the perimeter of a district when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited.
(4) Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts.
(5) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street.
(6) Antenna, associated equipment and supporting structures used by a utility for furnishing communication services.
(7) Equipment appurtenant to underground facilities such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts.
(8) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects. (Ord. 652, §§ 4, 5 and 6, 11/26/1968)