(a) Prior to the installation or placement of an outdoor pay telephone on private property or in the right-of-way, and biennially thereafter, the owner of the telephone shall submit an application for a permit to the Commissioner upon forms to be prescribed by the Commissioner. The applicant may request that documents and information provided to the Commissioner be considered confidential and not public records by labeling such documents or information as “Confidential and Proprietary,” and the Commissioner shall disclose such documents or information only to those parties to whom disclosure is necessary to carry out the provisions of this chapter, unless otherwise required by law. The application shall include the following information:
(1) The name, address, telephone number and federal tax identification or social security number of the owner;
(2) The number of the owner’s outdoor pay telephone license or contract, as applicable;
(3) The serial number or telephone number and dimensions of the outdoor pay telephone and any enclosure;
(4) A description of the services provided for the users of the outdoor pay telephone, including any special telephone features or restrictions;
(5) If the telephone was or will be placed, installed and maintained by a licensee, the name, address and telephone number of the property owner and any lessees of the property where the outdoor pay telephone is or will be located;
(6) A drawing of the location of the telephone for which the permit is requested and the location of any telephone within five hundred (500) feet of that telephone;
(7) A description of the source and brightness of lighting of the telephone by built-in or ambient lighting;
(8) Any other information as the Commissioner deems necessary to ensure compliance with this chapter.
(b) A biennial permit fee of one hundred dollars ($100.00) per telephone installed or to be installed shall be submitted with the application. This permit fee is for the purpose of defraying the expenses incident to the administration of the provisions of this chapter.
(c) The owner shall promptly notify the Commissioner in writing of any change in the information required by division (a) of this section. The owner must submit a written notice of the removal of any telephone to the Commissioner prior to the removal. No refund of fees previously paid shall be made for telephones removed by the owner, the City or otherwise. If the owner plans to change the location of a telephone that is already permitted, or install a new phone at the same location, the owner must submit a new application for a permit and the fee to defray the expenses incident to the administration of the provisions of this chapter. No additional fee or permit application is required to replace a broken or defective telephone, or to permanently relocate a telephone ten (10) feet or less once per permit period or to relocate a telephone temporarily on the same property for a period of less than ninety (90) days. An owner must notify the Commissioner of any relocation allowed by this division within thirty (30) days of the relocation.
(d) A copy of each application for a permit and any notice of a removal shall be provided by the Commissioner to the Director of Public Safety, the Director of Public Service, and the Council member in whose ward the telephone is proposed to be installed. The Commissioner shall refer each application for a permit to the Commissioner of Building and Housing for review and approval. The Commissioner of Building and Housing shall determine whether or not the provisions of the Building or Zoning Codes would be violated by the installation of the telephone, and particularly, set back requirements, use restrictions, restrictions as to attachments to structures, and if located in a parking lot, the Zoning requirement that a specified number of parking spaces be available for use by the business. These officials shall notify the Director in writing of any, objections to the permit within thirty (30) days after receiving the application.
(e) If an application for a permit is for the placement of a pay telephone in a design review district, then the Commissioner shall also refer it to the City Planning Commission or Landmarks Commission, whichever is applicable, and that commission shall notify the director in writing of any objections to the permit within thirty (30) days after receiving the application. In deciding whether or not to object to the issuance of the permit, the City Planning Commission or Landmarks Commission, acting in accordance with its rules and regulations, shall consider whether the placement of the phone is consistent with the design review standards for the district; whether it is consistent with other streetscape elements in the vicinity and any overall streetscape plan for the district; whether there have been streetscape improvements in the area such as special lighting, landscaping, pavers, and the like; whether there is any visual clutter concerns if a pay telephone is installed; and whether there are any architectural or historical considerations. As used in this division,”design review district” means any area in which building permits require review and approval of either the City Planning Commission or the Landmarks Commission.
(f) A permit application shall be disapproved if a telephone has been determined to be a nuisance pursuant to this chapter within five hundred (500) feet of the proposed telephone location within the previous two (2) years, and may be disapproved if the applicant has violated this chapter within the previous one (1) year.
(g) Upon receipt of a completed application that demonstrates that the telephone will be in compliance with this chapter and all required information and fees, the Commissioner shall issue to the owner an outdoor pay telephone permit and shall provide the owner with a label to be affixed to each telephone identifying the registration number and location of the telephone. The Commissioner shall ordinarily approve or disapprove a permit within forty-five (45) days of the receipt of a completed application and fee, unless the exercise of due diligence by the Commissioner requires that a longer period of time be taken. A telephone for which a permit is issued shall be installed within thirty (30) days of the issuance of the permit or the permit is void and no longer effective. No refund of permit fees shall be given if the permit becomes void.
(Ord. No. 583-04. Passed 4-5-04, eff. 4-8-04)