(a) Public Right-of-Way.
(1) Utility structures may only be located in the public right-of-way after obtaining a permit as described in Section 1052.05.
(2) The placement of any utility structure shall not obstruct sight distance requirements for public street intersections and private drives as provided in the then current edition of the Ohio Manual for Uniform Traffic Control Devices.
(3) No utility structure shall be located within five (5) feet of any fire hydrant.
(b) Private Property. Utility structures located on private property (property that is not public right-of-way) shall be located solely in non-street side yards and/or rear yards of such private property, unless otherwise provided herein, and:
(1) Only within the area of a recorded easement that permits such utility structure;
(2) By authority of a written instrument executed by the owner(s) of all properties on which the utility structure is to be located and in which sufficient property rights are granted for the location and placement of such utility structure.
(3)
Landscaping required by this Chapter may be located on private property outside of the area of an easement permitting the utility structure, however, all required landscaping shall be placed as close as possible, as determined by the Chief Building Official or designee, to the utility structure the landscaping is intended to screen.
(c) Minimum Setback Requirements.
(1) Large Utility Structures shall be defined as those where any two (2) of the dimensions are equal or greater than thirty-six (36) inches in terms of height, width or depth. The following setback requirements shall apply to Large Utility Structures:
A. A Large Utility Structure shall not be located in a public right-of-way unless it complies with the requirements of this Chapter.
B.
Large Utility Structures shall not be located within the front yard or within the required street side yard. Large Utility Structures may be located in a rear yard and in a non-street side yard provided there is adequate screening per screening standards contained in this Chapter and shall be placed as far back from a public right-of-way as reasonably possible as determined by the Chief Building Official or designee.
C. Large Utility Structures shall be placed at least twenty-five (25) feet away from any principal dwelling.
(2) Small Utility Structures shall be defined as those where each dimension (height, width and depth) is less than thirty-six (36) inches. The following setback requirements shall apply to Small Utility Structures:
A. A Small Utility Structure shall not be located in a public right-of-way unless it complies with the requirements of this Chapter.
B. Placement of Small Utility Structures in the rear yard and in a non-street side yard shall be encouraged where possible.
C. Small Utility Structures may be located within the front yards or required street side yards provided there is adequate screening per screening standards contained in this Chapter.
D. If multiple Small Utility Structures are proposed for placement in the same vicinity within a front yard or required street side yard, they shall be located as follows:
i. If two (2) Small Utility Structures are located within six (6) feet of each other, placement of each structure shall be parallel to the closest public right-of-way as much as possible.
ii. If three (3) Small Utility Structures are located within six (6) feet of each other, placement shall require two (2) structures parallel to the closest public right-of-way with the third directly behind one of the front structures.
iii. If four (4) Small Utility Structures are located within six (6) feet of each other, placement shall be two (2) structures parallel to the closest public right-of-way with the third and fourth directly behind the front structures.
iv.
If more than four (4) Small Utility Structures are located within six (6) feet of each other, placement shall be as determined by the Chief Building Official or designee.
(Ord. 5711. Passed 9-26-11; 5-16. Passed 2-8-16.)