[Ord. No. 396, §1, 8-27-2007]
A.
Definitions. The words and phrases used in this Section 625.020 of this Chapter shall have the meaning as set forth in Section 67.2677, RSMo., or, if not defined therein, shall have such meanings as established by City Code.
B.
Franchise Fee. Pursuant to Section 67.2689, RSMo., and as
partial compensation for use of the City's public rights-of-way, each
video services provider or other person providing cable services or
video services within the City shall, to the extent permitted by law,
pay to the City a fee of five percent (5%) of the gross revenues from
such video services provider in the geographic area of the City. Such
payment shall be made as required by Section 67.2689, RSMo. The City
shall have the right to audit any video services provider as authorized
by Section 67.2691, RSMo. Late payments shall accrue interest due
to the City compounded monthly at one and one-half percent (1.5%)
or such other maximum rate as may be established by law.
C.
Customer Service Requirements. All video services providers
providing service within the City shall adopt and comply with the
minimum customer service requirements set forth in Section 67.2692,
RSMo. Notice or receipt of this Chapter by the video services provider
shall be deemed notice of the City invoking such customer service
requirements.
D.
Rights-Of-Way Regulation — Indemnification — Permits
And Compliance With Other Laws. Video services providers shall comply with the requirements of Sections 67.2707, 67.2709, RSMo., and all applicable ordinances and regulations consistent with Sections 67.1830 to 67.1846, RSMo., relating to use of the City rights-of-way. Each video services provider shall indemnify and hold harmless the City and its officers, employees and agents from any loss or damage including, but not limited to, attorneys' fees as provided in such ordinances or regulations, but in no event less than the obligation on video services providers set forth in Section 67.2695, RSMo. The City may require documentation of such indemnification by written agreement or other instrument to the extent permitted by law. In addition, video services providers shall be subject to and comply with such supplementary provisions relating to placement, screening and relocation of facilities as provided in Section 625.020 of this Chapter and such other applicable laws of the City, except as may be otherwise validly pre-empted. Notwithstanding any other ordinance to the contrary, no facilities to be used for video services shall be installed without obtaining a permit from the City authorizing the location and plans for such facilities; provided that this provision shall not apply to installation of otherwise lawful and authorized poles or wires.
E.
Public, Educational And Governmental Channels. Each video
services provider shall designate a number of channels for public,
educational and governmental programming consistent with Section 67.2703,
RSMo.; provided that any greater number of channels, as may be required
in the incumbent cable franchise or franchise ordinance, shall be
required pursuant to Section 67.2703.2, RSMo. The City shall bear
no cost relating to the transmission, availability or maintenance
of such channels unless expressly authorized by the City in writing
and approved by the Governing Body. Incumbent cable operators and
other video services providers shall provide support for such public,
educational and governmental channels consistent with Section 67.2703.8,
RSMo.
F.
Continued Obligations. The obligations of a cable service
provider or video services provider as set forth in any existing cable
services or video services franchise or ordinance shall also continue
to apply to the full extent permitted by applicable law.
G.
Reservation Of Rights. The City retains all rights in Sections
67.2675 through 67.2714, RSMo., inclusive, and may take any and all
actions permitted by law to exercise such rights or to enforce such
obligations on providers of video service.
H.
Notice. A copy of this Chapter shall be delivered to each
video services provider operating in the City after notice to the
City that such provider is authorized to provide service within the
City; provided that the provisions of this Chapter shall, to the extent
permitted by law, not be affected by any claimed or actual failure
of a service provider to have received delivery of a copy of this
Chapter.
[Ord. No. 396 §2, 8-27-2007]
A.
The
following supplementary regulations are adopted as part of the general
ordinances of the City; provided that nothing herein shall be deemed
to apply in circumstances where such requirements are pre-empted or
would be inconsistent with applicable law:
1.
Above ground utilities.
a.
Building-mounted utilities, such as meters and electrical panels,
shall be placed within enclosures that are architecturally integrated
onto the building facade.
b.
The visual impact of ground-mounted utilities, such as cabinets,
shall be minimized by fencing, landscaping, camouflaging techniques
or a combination of these measures. Any screening measures utilized
shall be visually compatible with the overall site design and architecture
as used on the site.
c.
Cable service providers shall be able to access utilities even when
screened.
2.
Accessory utility facilities — supplementary regulations. Every public utility, cable company, video services provider and
other users of the City rights-of-way or adjacent easements to provide
services shall comply with the supplemental regulations in this Section
regarding the placement of accessory utility facilities on public
or private property. For purposes of this Section, "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. Except where limited by other provisions of City ordinance,
accessory utility facilities shall be subject to the following supplementary
regulations:
a.
Approval — design — location — application. 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 Chapter and subject to reasonable permit
conditions as may be necessary to meet the requirements of this Chapter.
In considering applications for individuals 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 sight
lines 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. Unless otherwise prohibited, utility facilities
subject to this Subsection may be located in minimum setback areas
provided that all other requirements are met. To the extent permitted
by Section 67.2707.3, RSMo., 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.
b.
General regulations. The following general regulations
apply to all accessory utility facilities:
(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 Subsection or
specifically addressed elsewhere in this Code shall be authorized
only as a special use permit.
c.
Residential districts. In residential districts,
accessory utility facilities less than three and one-half (3½)
feet 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.
d.
Non-residential districts. 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.
e.
Landscape screening. 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 size. Such screen shall be required to sufficiently conceal
the facility. A landscape 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,
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 (1) any public property, and (2) more than two
(2) residential dwelling units.
f.
Compliance with other laws. All accessory utility facilities shall be subject to all other applicable regulations and standards as established as part of the City 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 Section 625.020 shall not apply to any circumstance or entity in which application under such circumstances is pre-empted or otherwise precluded by superseding law.
