[CC 1990 § 7.5-151; Ord. No. 2467 § 1, 7-21-2008]
The words and phrases used in this Article 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.
CONTINUED OBLIGATIONS
The obligations of a cable service provider or video service
provider as set forth in any existing cable services or video services
franchise or ordinances shall also continue to apply to the full extent
permitted by applicable law.
CUSTOMER SERVICE REQUIREMENTS
All video service providers providing service within the
City shall adapt and comply with the minimum customer service requirements
set forth in Section 67.2692, RSMo. Notice or receipt of this Article
by the video service provider shall be deemed notice of the City invoking
such customer service requirements.
FRANCHISE FEE
Pursuant to Section 67.2689, RSMo., and as partial compensation
for use of the City's public rights-of-way, each video service
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
service 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 service provider as authorized by
Section 67.2691, RSMo. Late payments shall accrue interest due to
the City compounded monthly at five percent (5%) or such other maximum
rate as may be established by law.
NOTICE
A copy of this Article shall be delivered to each video service
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 Article 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 Article.
PUBLIC, EDUCATIONAL AND GOVERNMENTAL CHANNELS
Each video service 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 service providers shall provide support for such public,
educational and governmental channels consistent with Section 67.2703.8,
RSMo.
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.
RIGHTS-OF-WAY REGULATION; INDEMNIFICATION; PERMITS AND COMPLIANCE
WITH OTHER LAWS
Video service 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 service 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 service 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 service providers shall be subject to and comply with such supplementary provisions relating to placement, screening and relocation of facilities as provided in Section
620.510 of this Article and such other applicable laws of the City, except as may be otherwise validly preempted. 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.
[CC 1990 § 7.5-152; Ord. No. 2467 § 2, 7-21-2008]
A. 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 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:
1.
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 Article and subject to reasonable permit
conditions as may be necessary to meet the requirements of this Article.
In considering applications 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 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.
2.
General Regulations. The following general regulations apply
to all accessory utility facilities:
a.
All such facilities shall be placed underground, except as otherwise provided in Subsection
(A)(3) and
(4) herein or as approved by special use permit.
b.
All such facilities shall be constructed and maintained in such
a manner so as not to emit any unnecessary or intrusive noise.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
No facilities may be located so as to interfere, or be likely
to interfere, with any public facilities or use of public property.
i.
All utility facilities not authorized by this Subsection or
specifically addressed elsewhere in this Code shall be authorized
only as a special use permit.
3.
Residential Districts. In residential districts, accessory utility
facilities less than three and one-half (3 1/2) 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.
4.
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.
5.
Landscape Screening. A sightproof landscape screen shall be
provided for all authorized above ground facilities taller than two
(2) 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 any public property,
and more than two (2) residential dwelling units.
6.
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
620.510 of this Article shall not apply to any circumstance or entity in which application under such circumstances is preempted or otherwise precluded by superseding law.