§ 152.185 PUBLIC RIGHTS-OF-WAY.

   (A)   Encroachment. There shall be no encroachments in the public right-of-way with the exception of the following:

      (1)   USPS mail boxes;

      (2)   Essential services;

      (3)   Signs allowed under §§ 152.350 through 152.359 of this chapter;

      (4)   Radio receivers and transmitters as an accessory use to essential services; and

      (5)   Personal wireless communication antennas located on existing lattice electrical transmission towers, provided that the use and equipment comply with all applicable requirements of this chapter.

   (B)   Liability. As a condition of approval for the erection or placement of a structure in the public right-of-way or on city property, the applicant shall be required to demonstrate a significant need for the structure placement and that it will not interfere or conflict with the public use and/or purpose of the right-of-way. Additionally, the applicant shall sign a contract with the city that holds harmless the city for any potential liability and expense if it needs to be moved or removed by the city and must demonstrate to the Zoning Administrator proof of adequate liability insurance.

   (C)   Compliance required. The erection and/or placement of any structure in the public right-of-way on city property shall be done in conformance with the provisions of this chapter.

(Prior Code, § 11-16-6) (Ord. 258, passed 5-4-2006)