(a) A permit shall be required for the placement, whether permanent or temporary, of any Utility Structure on private property or within the public right-of-way.
(b) Administrative Review. The following provisions shall govern the issuance of administrative approvals:
(1)
All utility structures not specifically herein exempted shall require approval of the Chief Building Official or designee and applicable permits prior to installation. In deciding whether to issue such approval/permit, the Chief Building Official or designee shall consider the following:
A. Whether issuance of the approval will contribute to the health, safety and welfare of the City and its citizens;
B. Whether issuance of the approval will be consistent with this Chapter;
C. The impact of the proposed location on aesthetic and architectural compatibility with the surrounding neighborhood;
D. Whether aesthetic and good planning principles have been given due consideration;
E. That adverse impact on the surrounding neighborhood had been minimized in addition to minimizing the adverse aesthetic and visual impacts on the land, property, buildings and other facilities adjacent to, surrounding, and in generally the same area as the requested location, which shall mean using the least visually and physically intrusive elements (including associated screening and vegetation) that is not technologically or commercially impractical under the facts and circumstances;
F. Whether the applicant has submitted a complete application and has secured all certificates and other authorization required by law;
G. Whether the applicant is delinquent on any taxes or other obligations owed to the City, Medina County or the State of Ohio; and
H. Whether the applicant has the requisite financial, managerial, and technical ability to fulfill all the obligations under this Chapter or any other applicable law.
(2) Each applicant for administrative approval shall apply for approval on a form approved by the Chief Building Official or designee, which in addition to any other information required by this Chapter, shall include:
A. A scaled site plan of the proposed utility structure;
B. Scaled drawing indicating the size, material, color, labeling information and any required pad for the proposed utility structure;
C. A landscaping/screening plan indicating the location, size and types of screening proposed;
D. A copy of the easement or other written documentation that evidences the legal authority and ownership of the property rights sufficient for the applicant to place the proposed utility structure in the proposed location; and
E. The applicant shall pay a non-refundable fee of fifty dollars ($50.00) to reimburse the City for the costs of reviewing the application.
(3) The application shall be reviewed by the Chief Building Official or designee for administrative approval to determine if the proposed use complies with this Chapter as well as all applicable requirements contained in the Codified Ordinances, including compliance with requirements of the underlying zoning district.
(4) If approval is denied, the applicant shall be entitled to file an appeal within twenty (20) days after receipt of the Chief Building Official or designee’s decision with City Council. The appeal shall be in writing and shall specify the grounds for appeal.
(c) Notification to Property Owners.
(1) As part of the approval process, the owner of the utility structure (or entity applying for the permit) shall provide written notice of the proposed utility structure placement to the owners of real property upon which the utility structure is to be located, plus written notice to all owners of real property that abut the property upon which the utility structure is proposed to be located and all owners of real property within one hundred (100) feet of the proposed utility structure.
(2) All notices to property owners shall be in writing and sent by certified U.S. mail, with return receipt requested.
(3) The written notice to property owners shall, at minimum, contain the following information:
A. The applicant's full name, mailing address, phone number and contact person;
B. A statement that application has or will be filed with the City of Brunswick for approval for the installation of a utility structure;
C. A statement briefly describing the size of the proposed utility structure and a drawing showing the proposed location of the proposed utility structure; and
D. A statement that the property owner has the right to provide the City with written concerns about the proposed utility structure by mailing or delivering such written concerns to the Chief Building Official or designee at Brunswick City Hall located at 4095 Center Road, Brunswick, Ohio 44212.
(4) A copy of the written notification to property owners shall be provided to the Chief Building Official or designee as part of the approval process.
(Ord. 57-11. Passed 9-26-11; Ord. 5-16. Passed 2-8-16.)