[Ord. No. 111808 §1(400-806), 11-18-2008]
Every public utility, cable company, video service provider
and other users of the City rights-of-way or adjacent easements to
provide services shall comply with the supplemental regulations in
this Division regarding the placement of accessory utility facilities
on public or private property. For purposes of this Division, "accessory utility facilities" shall mean such facilities,
including pedestals, boxes, vaults, cabinets or other ground-mounted
or below-ground facilities, that directly serve the property or local
area in which the facility is placed, are not primarily for transmission
or distribution to other locations, do not materially alter the character
of the neighborhood or area and otherwise are customarily found in
such areas.
[Ord. No. 111808 §1(400-806.1), 11-18-2008]
A. The
design, location and nature of all accessory utility facilities on
private or public property shall require approval of the City, which
approval shall be considered in a non-discriminatory manner, in conformance
with this code and subject to reasonable application fees and permit
conditions as may be necessary to meet the requirements of this code.
B. In
considering individual or multiple location applications, the City
shall review the request to ensure the proposed facilities do not
impair public safety, harm property values or significant sightlines
or degrade the aesthetics of the property values or significant sightlines
or degrade the aesthetics of the adjoining properties or neighborhood
and taking into consideration reasonable alternatives. Any material
changes or extensions to such facilities or the construction of any
additional structures shall be subject to the requirements and approvals
as set forth herein.
C. Unless
otherwise prohibited, utility facilities subject to this Division
may be located in minimum setback areas provided that all other requirements
are met.
D. To
the extent permitted by law, the time, method, manner or location
of facilities to be located in the rights-of-way may be established
or conditioned by the City to protect the rights-of-way or to ensure
public safety. An inspection fee shall be required as may be established
by the City to reimburse the City for the costs of review and inspection
of accessory utility facilities as may be permitted by applicable
law.
[Ord. No. 111808 §1(400-806.2), 11-18-2008]
A. The
following general regulations apply to all accessory utility facilities:
1. All such facilities shall be placed underground, except as otherwise
provided herein or as approved by special use permit.
2. All such facilities shall be constructed and maintained in such a
manner so as not to emit any unnecessary or intrusive noise.
3. All facilities and utility boxes shall be deemed abandoned after
six (6) continuous months of non-use and shall therefore be removed
within thirty (30) days thereafter at the cost of the utility.
4. Unless otherwise restricted, utility poles for authorized above ground
lines or facilities shall be permitted up to forty-five (45) feet
in height where utilities are not otherwise required to be placed
underground; provided that such poles shall be no higher than necessary,
maintained so as to avoid leaning from upright position and without
use of guy wires crossing rights-of-way or pedestrian routes except
where approved by the City as necessary due to the lack of feasible
alternatives.
5. Utility facilities placed in designated historic areas may be subject
to additional requirements regarding the placement and appearance
of facilities as may be necessary to reasonably avoid or reduce any
negative impact of such placement.
6. Any damage to landscaping or vegetation on private or public property
during installation or maintenance of facilities shall be promptly
remedied by the facility owner.
7. At least forty-eight (48) hours prior to any installation, replacement
or expansion of any facility located on private property, the facility
owner shall provide notice to all property owners within one hundred
eighty-five (185) feet from the site. Notice shall include detailed
description of work to be done, the exact location of work and the
time and duration when it will be undertaken.
8. No facilities may be located so as to interfere, or be likely to
interfere, with any public facilities or use of public property.
9. All utility facilities not authorized by this Division or specifically
addressed elsewhere in this code shall be authorized only as a special
use permit.
[Ord. No. 111808 §1(400-806.3), 11-18-2008]
In residential districts, accessory utility facilities less
than forty-two (42) inches in height and covering less than eight
(8) square feet in area may be installed above ground with the prior
approval of the City. Except as otherwise may be authorized herein,
any larger utility facility shall be installed underground or authorized
to be installed above ground only by special use permit. All above
ground facilities, where authorized, shall be placed in the rear yard
wherever practical. If locating these facilities in the rear yard
is not practical, then such facilities may be located in the side
yard. Such facilities shall not be located in the front yard or within
the public right-of-way unless otherwise approved by the City upon
a determination that all other alternatives are not feasible.
[Ord. No. 111808 §1(400-806.4), 11-18-2008]
In non-residential districts, accessory utility facilities with
a height of less than five (5) feet and covering less than sixteen
(16) square feet in area may be installed above ground with the prior
approval of the City. Except as otherwise may be authorized herein,
any larger utility facility shall be installed underground or authorized
to be installed above ground only by special use permit. All above
ground facilities, where authorized, shall be placed in the rear yard
wherever practical. If locating these facilities in the rear yard
is not practical, then such facilities may be located in the side
yard. Such facilities shall not be located in the front yard or within
the public right-of-way unless otherwise approved by the City upon
a determination that all other alternatives are not feasible.
[Ord. No. 111808 §1(400-806.5), 11-18-2008]
A sightproof landscape screen shall be provided for all authorized
above ground facilities taller than three (3) feet in height or covering
in excess of four (4) square feet in area. Such screen shall be required
to sufficiently conceal the facility. A landscaping plan identifying
the size and species of landscaping materials shall be submitted by
the utility and approved by the City prior to installation of any
facility requiring landscape screening. The utility shall be responsible
for the installation, maintenance, repair or replacement of screening
materials. Alternative screening or concealment may be approved by
the City to the extent it meets or exceeds the purposes of these requirements.
Facilities located in rear yards may be exempted from screening where
located so as not to be visible from any public property or more than
two (2) residential dwelling units.
[Ord. No. 111808 §1(400-806.6), 11-18-2008]
All accessory utility facilities shall be subject to all other
applicable regulations and standards as established as part of the
Peculiar Municipal Code including, but not limited to, Building Codes,
zoning requirements and rights-of-way management regulations in addition
to the supplementary regulations herein. The provisions of this Division
shall not apply to any circumstance or entity in which application
under such circumstances is pre-empted or otherwise precluded by superseding
law.