§ 157.045  RIGHT-OF-WAY DEVELOPMENT.
   (A)   Any construction or other development or private land usage within the public rights-of-way is prohibited unless specifically allowed by other provisions of this chapter.
(Ord. 101-1986, passed 10-7-86)  Penalty, see § 157.999
   (B)   The city recognizes that there are presently various parties using the city's public right-of-way.  Those parties who have obtained city permission for temporary use of the public right-of-way shall maintain any approvals granted by the city.  Such permission is subject to the terms of the individual agreement and consistency with this chapter.  Parties using the public right-of-way without city approval receive no additional rights through this section.
      (1)   All changes to existing uses of right-of-way shall require city permission.  The zoning chapter remains effective.  Permission is subject to a written agreement as required by the Board.  The Board authorizes the city Manager to review requested use and recommend agreements to the Board.
      (2)   Upon recommendation of the City Manager, the Board may approve all future agreements for use of right-of-way.  Further, the City Manager may, without board action, approve a continued limited use of the right-of-way which does not expand the existing use.  The City Manager, in his discretion, may require the applicant to execute documents which memorialize such use.
      (3)   Parties who are in arrears on any property taxes or other fees due the city shall not receive permission for use of public rights-of-way.  Also, parties who maintain any property violating a property maintenance code shall not receive permission.
   (C)   The City Manager or his designee shall establish administrative procedures for the consistent enforcement of this section.  These may include application forms, a reasonable review procedure, and approval of the legal department of all agreements.  The Division of Code Enforcement shall administer this section.
(Ord. 37-1995, passed 3-20-95)