Notwithstanding the provisions of CMC 15.08.010, Section 230-33 is hereby added to the electrical code to read as follows:

230-33. Required Undergrounding. Whenever it becomes necessary to provide a new electrical service to any building or structure located upon a lot or parcel of real property zoned for commercial or manufacturing purposes, such service shall be installed underground in approved rigid metal conduit or approved plastic conduit. Such service shall satisfy in full the requirements of the serving utility.

The Planning Commission of the City of Cudahy shall consider all applications for waivers of the regulations and standards of this section after the initial review by the Chief Building Official of the City. After considering the information and evidence presented, the Planning Commission may grant a waiver where it is shown that:

a. Because of exceptional circumstances and conditions, the strict application of this section would result in practical difficulties or unnecessary hardships inconsistent with the general purpose and intent of this section.

b. The waiver will not be materially detrimental to the public health, safety, or general welfare in the zone or neighborhood in which the property is located.

The decision of the Planning Commission may thereafter be appealed to the City Council of the City of Cudahy for final consideration under the standards of this section.