2016-056SALega1\0ur I)ockimeiits\Orcliiiaiiccs\16\D(,A15-0003 Ordinance.doe
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "DDC") which includes Subchapter 5, Zoning
Districts and Limitations (the "Zoning Ordinance"); and
WHEREAS, the City desires to amend Subchapter 5 of the DDC to add a land use
designation and classification of "Electric Substations and Switch Stations" in order to create
specialized limitations, regulations, and procedures for this use, separate from other "Basic Utilities";
and
WHEREAS, the City desires to amend Subchapter 3 of the DDC to add an action, criteria for
approval, procedure, and appeals for consideration of an application for a Site Plan for an Electric
Substation or Switch Station to the Planning and Zoning Commission Procedure; and
WHEREAS, the City desires to amend Subchapter 24 of the DDC to amend the purpose of
the Subchapter, add definitions, amend General Regulations, and add sections for Electric Substation
and Switch Station Design Standards and Site Plan Consideration; and
WHEREAS, after notice published, a public hearing was held before the Planning and
Zoning Commission in accordance with State and/or local law on February 10, 2016, whereby the
Planning and Zoning Commission recommended approval of amendments to the DDC, Subchapters
3, 5, and 24; and
WHEREAS, after notice published, a public hearing was held before the City Council in
accordance with State and/or local law and the City Council hereby finds that the subject changes to
the Denton Development Code are consistent with the Denton Plan, and federal, state, and local law
and are in the best interests of the citizens of the City of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l . The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference as true.
SECTION 2. Zoning Use. The use charts and limitations in Subchapter 5 of the DDC are
hereby amended as underlined in Exhibit A, which is attached to this ordinance and incorporated by
reference as if set forth at length herein, to add the use of "Electric Substations and Switch Stations"
and an L(43) limitation.
SECTION 3. Procedures. The actions, criteria for approval, procedures, and appeals in
Subchapter 3.5 of the DDC are hereby amended as underlined in Exhibit B, which is attached to this
ordinance and incorporated by reference as if set forth at length herein, to allow the Planning and
Zoning Commission to "consider an application for a Site Plan for an Electric Substation or Switch
Station."
SECIONT 4. Electric Standards. The purpose, definitions, and regulations in Subchapter 24
of the DDC are hereby amended as underlined in Exhibit C, which is attached to this ordinance and
incorporated by reference as if set forth at length herein, to amend the purpose of the Subchapter,
definitions, and regulations, and to add electric substation and switch station design standards and
site plan consideration.
SECTION 5. Penal !y. Any person, firm, entity or corporation violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation. Each
day that a provision of this ordinance is violated shall constitute a separate and distinct offense. The
penal provisions imposed under this Ordinance shall not preclude Denton from filing suit to enjoin
the violation and it retains all legal rights and remedies available to it under local, state and federal
law. This does not preclude any penalty that may have occurred prior to the institution of this
Ordinance.
SECTION 6. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION, T This ordinance shall become effective fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record - Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of���r��� w , 2016.
1
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
4z& T advIlt",
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
For-MIM,
Subchapter 5
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Development Code
Subchapter 5 — Zoning Districts and Limitations
Rural Districts
Institutional Land Use Categories RD-5 RC
Basic Utilities
. . ........... -
Electric Substations and Switch Stations
........ . . --ME
Neighborhood Residential
Downtown University Core
Community Mixed Use Centers.
Institutional Land Use CategojriesCM-jG C JME
Basic Utilities
Regional Mixed Use Centers
Subchapter 5
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Development Code
Employment Centers
Industrial Centers
Limitations
- - - I
Institutional Land Use Categories EC-C I EC-I
B c Ut,
asic Utilities
Institutional Land Use Categories IC-E IC-G
Basic Utilities P P
Electric Substations and Switch Stations jj:: P
...................
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Exhibit B
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Subchapter 3 — Procedures
Sections:
35.3.1
Purpose.
35.12
Procedures and Application Requirements.
35.3.3
Denton Plan Amendment Procedure.
35.3.4
Zoning Amendment Procedure.
353.5
Planning and Zoning Commission Procedure.
35,3.6
Board of Adjustment Procedure.
353.7
Staff Review Procedure.
353.8
Vested Rights.
35.3.9
Religious Freedom Procedures.
35.3.10
Gas Well Permit Relief Provisions.
35.3.11
Tree Preservation Relief Procedures.
35.3.12
Exaction Proportionality Determination and Appeal Procedure.
35.3.1 Purpose.
............. .
The purpose of this Subchapter shall be to establish procedures for the processing of planning actions that affect the
development and use of property subject to the planning jurisdiction of the City.
35.3.2 Procedures and Application Requirements.
1. All planning actions shall be processed by one of the following procedures:
2, Application and Approval Requirements:
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5. The applicant may resubmit the application for approval by the Director or the Building Official along
with the resubmittal fee according to the Application Criteria Manual,
G. An Applicant may appeal the disapproval of an application to the Board of'Adjustment.
35.3.3 Denton Plan Amendment Procedure.
A. The following actions shall follow the Denton Plan Amendment Procedure:
I. Consider adoption of a new comprehensive plan or amendment to The Denton Plan.
2. Consider adoption of a new development code.
3. Consider an application for a zoning change that does not conform to the Future Land Use element
of The Denton Plan.
B. Criteria for approval - Generally:
L A complete application and fee shall be submitted.
I. Initiation maybe made by:
a. Recommendation of the City Council.
b. Recommendation of the Planning and Zoning Commission.
C. Recommendation of the City Manager.
IN
Subchapter 3
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d, Application by the property owner(s). As outlined in the Application Criteria i\/Ianual, the
application shall be executed by all property owners, or their authorised agents.
1 If initiated by the property owner, the application must be submitted at least ninety (90) days prior to
the first meeting of the Planning and Zoning Commission in January, April, July or October. A public
hearing shall he held before the Planning and Zoning Commission in accordance with state law,
1 Following the public hearing before the Planning and Zoning Commission, the Planning and Zoning
Commission shall make a report and forward the report to the City Council in accordance with the
City Charter and state law.
4. A public hearing shall be held before the City Council as required by state law.
a, Notice of such hearing shall be given by publication in a newspaper of general circulation in the
City stating the time and place of such hearing, which time shall riot be earlier than fifteen (15)
days from the date of publication.
L The adoption or amendment of a new comprehensive plan or the adoption of a flew
development code shall become effective by a simple majority vote of all members of the City
Council qualified to vote.
C. The adoption of a zoning change that does not conform to the Future Land Use element of the
Denton Plan to follow the procedures outlined in Section 35.3.4.0.
& After closing the public hearing, the City Council may take action consistent with The Denton
Plan.
5. If an application is denied, then the subject property shall not be eligible for resubmittal for twelve
(12) months unless the applicant can show a substantial change in circumstances to justify a
resubrnittal.
t The City Council decision is a final action and may not be appealed,
35.3.4 Zoninq Amendment Procedure.
A. The following actions shall follow the Zoning Amendment Procedure:
L Consider an amendment to the Denton Development Code.
2. Consider an application for a zoning change that conforms to the Future Land Use element of the
Denton Plan,
3. Consider an application for a Specific Use permit.
4. Consider an application to expand a Special Exception.
5. Consider an application for an Alternative Environmentally Sensitive Area Plan.
6. Consider an amendment to the Development Criteria Manuals if the protest or requests for review
cannot be resolved within the 30-day review period as described in Subsection 35.313,132d.
B. Criteria for approval - Generally:
1. A complete application and fee shall be submitted.
2. Applications may be approved when the following standards are met:
a. The proposed rezoning conforms to the Future Land Use element of The Denton Plan.
b. 1'he proposed Specific Use Permit meets the criteria set forth in Subchapter 6, and conforms to
the purpose and intent: of The Denton Plan.
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Subchapter 3
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c. The proposed rezoning or Specific Use Pert-nit facilitates the adequate provision of
transportation, water., sewers, schools, parks, other public requirement,", and public convenience.
d. The proposed Special Exception (or expansion) to the zoning regulations is appropriate based on
the character and use of adjoining buildings and those in the vicinity, the number of persons
residing or working in such building or upon such land, traffic conditions in the vicinity, and
conformance of such area to the Zoning Map and The Denton Plan. In granting a special
exception the board may designate conditions that, in its opinion, will secure substantially the
purpose and intent of this Chapter. A special exception shall only be granted upon a finding that:
i The exception is in harmony with this Chapter;
H The public welfare and convenience are substantially served;
iii Neighboring property is not substantially injured;
iv The exception will not alter essential character of the district and immediate neighborhood;
and
v The exception will not weaken the general purposes of this Chapter.
1. Initiation of a Zoning Amendment procedure maybe made by:
a. Recommendation of the City Council.
b, Recommendation of the Planning and Zoning Commission.
cl Recommendation of the City Manager.
d. Application by the property owner, or their authorized agent,
2. A public hearing shall be held before the Planning and Zoning Commission in accordance with state
law.
3. Following the public hearing before the Planning and Zoning Commission, the Planning and Zoning
Commission shall make a report and forward the report to the City Council in accordance with the
City Charter and state law.
4. A public hearing shall be held before the City Council as required by state law.
A. After closing the public hearing, the City Council may take action consistent with The Denton Plan
and the Development Code,
B. If an application is denied, then the subject property shall not be eligible for resubmittal for twelve
(12) months unless the applicant can show a substantial change in circumstances to justify a
resubmittal.
17 Appeals:
1. The City Council decision is final and may not be appealed.
3-4
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pnt Code
35.3.5 Planning and Zoning Commission Procedure.
A. The following actions shall follow the Planning and Zoning Commission Procedure:
1. Consider an application for a Plat.
2. Consider an application for a Hardship Variance from the Subdivision Regulations.
3, Consider an application for an Alternative Tree Preservation Plan.
4e Consider an application for an Alternative Development Plan.
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B. Criteria for approval - Generally:
1. A complete application and fee shall be submitted.
2. Applications may be approved when the following standards are met:
a. The proposed Plat meets the requirements of Subchapter 16 and state law.
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C. Procedure:
1. Initiation of a Planning and Zoning Commission Procedure may be made by:
a. Recommendation of the City Manager.
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Development Code
b, Application by the property owner, or their authorized agent.
Z A public hearing shall be field before the Planning and Zoning Commission in accordance with state
law related to residential Replats and Variance applications,
I A public meeting shall be held before the Planning and Zoning Commission in accordance with state
law related to Plats, ;mil- Alternative Development Plan applicaLions,and Sitc-I'Ll" MLc-',LLIQ�;
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4 After closing the public meeting, the Planning and Zoning Commission may take action consistent
with The Denton Plan and the Development Code.
D. Appeals:
1. 'Fhe Planning and Zoning Commission decision on Plats is final and may not be appealed.
2. 'J.'he Planning and Zoning Commission decision on a Hardship Variance may be appealed to the City
Council by the applicant.
3. —The Planning and Zoning Commission decision on an Alternative Development Plan may be
appealed to the City Council by the applicant or the City Manager's designate; however, no further
public hearing notification or public hearing shall be required on appeal.
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and may not be apj)caled.
35.3.6 Board of Adiustment Procedure.
A. The following actions shall follow the Board of Adjustment Procedure:
1. Consider an application for a Variance from the zoning regulations.
2. Consider art application for a Variance from the sign regulations.
3. Consider. an application for a Variance from gas well drilling and production regulations, within the
City limits.
4. Consider an application to change, reestablish or terminate a Nonconforming Use.
5. Consider an appeal of an Administrative Decision.
B. Criteria for approval - Generally:
W
Subchapter 3
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Developrnent Code
The board may grant a variance from the sign regulations only upon a finding that all of the following
exist:
a. Due to some unique condition or feature of the parcel which is not generally common to other
parcels, literal compliance with the sign regulation would cause unnecessary hardship;
b. The granting of the variance will not violate the spirit or the intent of the regulations; and
c. The condition or feature which creates the need for the variance did not result from the owner's
acts.
1. Initiation of a Board of Adjustment procedure may be made by:
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Subchapter 3
1111-1— ............. ..... . ................ ......... .................... . ..... ............... _ . ...............
Development Code
a. Recommendation of the City Manager.
b. Application by the property owner or their authorized agent,
2. A public hearing shall be held before the Board of Adjustment in accordance with state law.
3. After closing the public hearing, the board may take action consistent with the Development Code
and state law. A concurring vote of six (6) members, of the board shall be necessary to reverse an
administrative decision of the staff, or to approve an application on any matter upon which the board
is required to act under this Chapter.
D. Appeals:
1. The decision of the Board of Adjustment is final and may be appealed pursuant to state law.
35.3.7 Staff Review Procedure.
A. The following actions shall follow the Staff Review Procedures:
1. Consider an application for Site Design review and other plans required for Site Plan approvals;
2. Consider an application for a Minor Plats;
3. Make determinations regarding the application and interpretation of standards, criteria, and
requirements of this Chapter; and
4. Make determinations regarding the appropriate designation for new and unlisted uses based on similar
uses that are described.
5 Consider an application for a Watershed Protection permit.
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B. Criteria for approval — Generally:
1, A complete application and fee shall be submitted.
2. Applications may be approved when the following standards are met:
,a. The proposed Site Design meets the requirements of The Denton Plan and the Development
Code; and
L).Thc proposed Minor Plat meets the requirements of the Development Code and state law.
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1. Initiation of a Staff Review procedure may be made by:
a. Recommendation of the Director of Planning and Development; or
b. Application by the property owner or their authorized agent.
2. Within thirty (30) days after receipt of a complete application, the Staff shall issue a written decision
to the applicant.
D, Appeals:
t A Staff decision on Site Design reviews maybe appealed to the Planning and Zoning Commission.
1 A Staff decision on Minor Plats is final and may not be appealed.
1 A staff determination pursuant to Sections 35,3.7.A.3 and A.4 may be appealed to the Board of
Adjustment
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4. A Staff decision oou Watershed Protection Permit csu Gas Well Development Plat may boappealed
to the Planning and Zoning Cucoodusiou pursuant to law, Home Dolu authority and its authority
oaJvzT,z. Loc, Gov't Code Chapter 212.
Vested
A, Introduction and purpose. Texas Local Gormzucn,ut Code, Chapter 245 ("chapter 245"), commonly
referred to as the state's "vested 6A6m law," provide,,, an opportunity for persons to "freeze" or "vcot"
governmental regulations by 06og m permit application. Other laws, such as 7cxu^ Local Government
Code, §211.O10 also provide certain vesting. To:
1� Ensure that the City rccngcJ:eo and protects all vested rights created by Chapter 245 and n6zcr
applicable laws;
Subchapter
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3'l0
Subehapter 3
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Development Code
G judicial Review. Should the petitioner or Cit.y be aggrieved by or dissatisfied with the decision of the
Board of Adjustment, the petitioner or City may pursue all legal remedies to appeal the decision to a court
of competent jurisdiction pursuant to Texas Local Government Code, Chapter 211.
35.3.9 Reliqious Freedom Procedures.
A. A person may claim that a provision of the Denton Development Code substantially burdens the person's
free exercise of religion. In making such a claim a. person shall give written notice to the City by certified
mail, return receipt requested according to the provisions of Texas Civil practice & Remedies Code 5
1.00.001, et. seq. (Vernon Supp. 2001).
13. The City Council may grant a waiver or partial waiver of the provisions of the Denton Development Code
according to federal or state law to accommodate a person's free exercise of religion.
35.3.10 Gas Well Permit Relief Provisions.
E, A denial of an application by the City Council is a final determination.
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Subchapter 3
11-11-1-11.1.1-1 --, . ................. .... ,....a..,........,........ --111,11- ....... ...........
Development Code
35.3.11 Tree Preservation Relief Provisions.
E. A denial of an application for relief by the City Council is a final determination.
F. Criteria for Approval. In deciding whether to grant relief to the applicant, the City Council shall consider
whether there is any evidence from which it can reasonably conclude that the application of all or a part of
the provisions of the Denton Development Code that apply to tree preservation may deprive the applicant
of all economically viable use of the property, based on the following factors:
1. Whether there is a unique physical circumstance on the property.
2. Whether the proposed design has minimized the loss of trees to the extent possible.
3. Whether preservation arid/or mitigation unduly burdens the development of the property.
3-12
Subchapter
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35.3.12 Exaction Proportionality Determination and Appeal Procedure.
A. Definitions. For purposes oFthis section:
B. Purpose, Applicability (bDesignation
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Development Code
3. Based upon his proportionality determination, the City Engineer shall affirm that the developer's
portion of the costs required for infrastructure improvements does, not exceed the amount that is
roughly proportionate to the impacts of the proposed development.
d. The amount of any City participation in the costs of oversizing the public infrastructure
improvement to be constructed in accordance with the City's requirements.
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Development Code
c Any other information thatshows the alleged disproportionaliry between the impacts created by
the proposed development and the dedication, construction or fee requirement imposed by the
city
F. Processing Application.
Subchapter 3
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Development Code
35.3 13 Develo n7ent Criteria Manual Procedure. -- . .....
A EnWosc. In order to optimize and facilitate the specification of safe, efficient, cost — effective design and
development: standards, this procedure for making amendments to Development Criteria Manuals is
established to afford a procedure for establishing design standards adrninistratively. The intent is for
standards to be established quickly and efficiently, as a part of a collaborative dialog among land
development professionals, both inside and outside the City.
2, Administrative —Amendment. After initial approval, amendments of the approved Development
Criteria Manuals will proceed according to the following administrative procedure:
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Development Code
proposed amendments shall become final unless review is requested or a written protest is filed
within this 30 day period.
d. The City Manager, or the City Manger's designee, will make an attempt to resolve all protests of
requests for review and consider all comments filed within the 30 day period. If the protests or
requests for review cannot be resolved the amendment will be processed as an ordinance using
the procedure set forth in Section 35.3.4 of this Subchapter.
3. Leg
,isladve Amendment. Nothing in this subchapter shall prevent the City Council from making
changes to the Development Criteria Manuals by ordinance including, without limitation, to establish
fee schedules or to make other changes as they may deem to be necessary or appropriate.
CLJtLr �g. The following criteria shall be considered as guidelines for deteri-nining which amendments to tile
Development Criteria Manuals will be handled through this administrative procedure:
t j-) "sirrLS_tit ards, Design and construction standards shall be set to establish a baseline that will
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promote the health, safety and welfare of the public and to promote cost – effective construction and
design.
2. c Irn[Lim e ala,. The design standards for public improvements should strive to i n.inirri7e the
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ongoing costs to operate and maintain public improvements and to provide for an appropriate service
life, to mirdinize the future burden on the public. The standards shall also consider the positive impact
that properly designed and maintained public improvements have on the economic development and
the welfare of the City as a whole.
3, Privatp Impr_Q g ment�s. The design standards for private improvements shall establish an apptopriare
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baseline to protect the health, safety and welfare of the public, white promoting processes that are
affordable and cost effective. The standards shall also encourage quality development with lasting
value, and maintain or enhance the property value of the development and its neighborhood.
4, _AesLLtd s, Standards should promote aesthetics to the extent of recognizing the value and
importance of maintaining or improving upon the neighborhood or surrounding area in a tasteful and
compatible fashion, consistent with the Denton Plan, so as to maintain or improve property values
and attract quality development.
(Amended
Ord. No. 2004-059,
03/02/2004)
(Amended
Ord. No. 2004-332,10/19/2004)
(Amended
Ord. No. 2006-252,09/12/2006)
(Amended
Ord. No. 2009-017,
01/06/2009)
(Amended
Ord. No. 2010-181,
07/21/2010)
(Amended
Ord. No. 2012-335,12/04/2012)
(Amended
Ord. No. 2013-130,05/07/2013)
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Exhibit C
Subchapter 24
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Development Code
Subchapter 24 — Electric Standards
35.24.1 Purpose.
3524.1.2 Definitions.
35.24 1.3 — General Rel,ulations
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_3521,1 _5 Site 111alt Consideration
35.24.1 Purpose.
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It is the further purpose of this Subchapter to achieve the following broader objectives:
A. To protect and promote the public health, safety and general welfare of the community.
B I To define and establish the minimum clearances that will safeguard persons against electrical hazards
during the installation, operation, maintenance and replacement of electric supply lines electric _sibsmrions
'Ind electric switch stations.
To adopt the most current National Electrical Safety Code as amended
35.24.21.2 Definitions.
.All technical industry words and phrases related to electric transmission Imes not specifically defined shall have the
meanings customarily attributable thereto by prudent operators in the electric industry. For the purposes of this
Subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
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Transmission Line: Any electrical line operating at a norninal line-to-line voltage equal to or greater than 60,000
volts.
35.24.1.3 General Regulations.
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