(1) “Native vegetation.” Vegetation that exists naturally, without intervention by humans, in the general area of Englewood, Ohio.
(2) “Utility boxes.” An above-ground, sealed metal or plastic container used to house transformers, switches, cable TV or telephone connections and wiring, and other electrical or electronic devices and wiring needed to distribute a utility service to neighborhoods and businesses, and similar devices, excluding the following:
A. Utility boxes that are attached to and located within at least one foot of the principal structure on a lot or parcel.
B. Utility boxes of which all dimensions (length, width and depth) of the box are 12 inches or less.
C. Utility boxes that are traffic signal control boxes.
D. Small utility boxes, as such boxes are defined by this Section 1224.12, that are pole-mounted and the small utility box is at least 15 feet above grade.
(b) Placement Standards.
(1) Utility boxes may be located in the public right-of-way only with the prior written approval of the Code Enforcement Officer.
(2) Utility boxes located on private property (property that is not public right-of-way) shall be located: (a) only within the area of a recorded easement that permits such a box; or (b) by authority of a written instrument signed by the owner(s) of all properties on which the utility box is to be located and in which sufficient property rights are granted for the location and placement of such a box.
(3) Landscaping required by these utility box regulations may be located on private property outside of the area of an easement permitting the utility box, however all required vegetation shall be placed within close proximity (as determined by the Code Enforcement Officer) to the utility box the vegetation is intended to screen. See division (d) of this section, Screening Standards.
(4) Utility Boxes shall be categorized as follows:
A. Large utility boxes are those where one of the dimensions of the utility box equals or exceeds 36 inches in height, width or length, or the length or width of any concrete (asphalt, brick or similar material) pad directly associated with the utility box installation is 48 inches or greater.
B. Small utility boxes are those in which each dimension (height, width and length) of the utility box is less than 36 inches.
(5) Minimum setback requirements.
A. Large utility boxes shall not be located within the front yard. Large utility boxes may be located in a rear yard and side yard, so long as the box adheres to the provisions of this Section 1224.12.
B. Large utility boxes shall be placed as far back from a public right-of-way as reasonably possible as determined by the Code Enforcement Officer.
C. Small utility boxes may be located within required front yard provided there is adequate screening per division (d) of this section. Small utility boxes may be located within a rear yard and side yard.
D. If multiple small utility boxes are proposed for placement in the same vicinity in a front yard, they shall be located as follows:
1. If two small utility boxes are located within six feet of each other, placement of each box shall be parallel to the closest public right-of-way as much as possible.
2. If three small utility boxes are located within six feet of each other, placement shall require two boxes parallel to the closest public right-of-way with the third directly behind one of the front, and closer to the right-of-way, small utility boxes.
3. If four small utility boxes are located within six feet of each other, placement shall be two boxes parallel to the closest public right-of-way, with the third directly behind one of the front two small utility boxes and the fourth directly behind the other front small utility boxes.
4. If more than four small utility boxes are located within six feet of each other, placement shall be as determined by the Englewood Zoning Administrator.
E. The placement of any utility boxes shall not obstruct sight distance requirements for public street intersections as provided in either these Codified Ordinances or the then-current edition of the Ohio Manual for Uniform Traffic Control Devices.
(c) Appearance Standards.
(1) The exterior color of all utility boxes shall be approved by the Code Enforcement Officer prior to installation.
(2) The color and location of all labeling to be placed on the exterior of any utility box shall be approved by the Code Enforcement Officer prior to the placement of this labeling.
(3) All labeling on any single utility box shall cover a combined area no larger than one- half square foot.
(4) Electric meters that are to be placed in conjunction with a utility box installation shall be placed as follows:
A. Attached to the appropriate utility box that minimizes its visibility from the closest public right-of-way.
B. Attached to the side of the utility box and not mounted on top.
C. The placement of the meter is to be shown on any electrical permit application that accompanies the proposed utility box application.
(d) Screening Standards.
(1) Screening may consist of both native vegetation as well as plants specifically installed to significantly block the appearance of the utility box.
(2) Fences and walls may be included as elements to meet utility box screening requirements only upon: (a) the Zoning Administrator's written determination that such elements are appropriate for the particular utility box location; and (b) after comment or opportunity for comment by the owners of the properties upon which the utility box is to be located.
(3) Screening shall consist of plants in a quantity, size and location that provide at least 50% opacity after one year's (one growing season) growth.
(4) Unless fences or walls are approved by the Zoning Administrator, the minimum number of plants shall be as follows:
A. For single large utility boxes, a combination of at least five shrubs or trees shall be installed.
B. For two or more large utility boxes a combination of at least eight shrubs or trees shall be installed for the first two large utility boxes, and three more shrubs or trees for each additional box.
C. For single small utility boxes, located in a front yard, a combination of at least three shrubs or flowering plants shall be installed.
D. For multiple small utility boxes located in a front yard, a combination of at least five shrubs or flowering plants shall be installed for the first two small utility boxes, and thereafter the number of additional plants for each additional small utility box in the same front yard shall be as determined by the Zoning Administrator.
(5) The location, size and types of required screening plants shall be approved by the Zoning Administrator prior to Zoning Permit approval.
(6) At least one-third of the required plants shall be evergreen, unless otherwise approved by the Zoning Administrator.
(e) Approvals, Notifications, Information Submissions and Removals.
(1) A Zoning Permit shall be required for the placement, whether permanent or temporary, of any utility box on private property.
(2) As part of the Zoning Permit approval process, the owner of the utility box, or the entity applying for the zoning permit, shall provide written notice of the utility box placement to the owners of the property (lot or parcel) upon which the utility box is to be located, plus written notice to all owners of properties that abut the property upon which the utility box is proposed to be located.
(3) All notices to property owners shall be in writing and sent by U.S. mail, certified, with return receipt (green card) requested. In lieu of U.S. certified mail, the applicant may elect to provide written notice to property owners by hand delivery, and with such election the applicant shall provide proof of delivery by form of receipt and by form of affidavit supplied by the City.
(4) All property owner notifications shall be completed no less than ten days and no more than 30 days prior to the start of any work on a utility box installation.
(5) The written notice to property owners shall, at minimum, inform the owners of the following:
A. The applicant's full name, mailing address, phone number and contact person.
B. A statement that application has or will very soon be filed with the City for a Zoning Permit for the installation of a utility box.
C. A statement briefly describing the size of the proposed utility box and a drawing showing the proposed location of the utility box.
(6) A copy of the written notification to property owners shall be provided to the Code Enforcement Officer as part of the Zoning Permit approval process.
(7) The applicant shall submit to the City, along with the Zoning Permit application, a copy of the easement or other written documentation that clearly shows the legal authority and ownership of property rights sufficient for the applicant to place the utility box in the proposed location.
(8) Obsolete utility boxes, including pads, shall be removed and be replaced with grass unless other vegetation is required by the Code Enforcement Officer. Restoration of the property shall occur within three months after the abandonment of the utility box. Unless otherwise provided for, all restoration costs and expenses shall be the obligation of the utility provider or applicant.
(f) Conditional Use Approval.
(1) All large utility boxes and small utility boxes shall be deemed a conditional use under this Zoning Code and shall require a conditional use permit. The Zoning Administrator shall have discretion to administratively approve, disapprove or approve with conditions all utility box applications. Zoning Administrator approvals, disapprovals or conditions placed on approvals of utility box applications may be appealed to the Board of Zoning Appeals pursuant to Section 1220.02.
(2) Notwithstanding any other provision of this Zoning Code:
A. Small utility boxes and large utility boxes shall be considered for all purposes a conditional use under this Zoning Code. The provisions of this Section 1224.12 shall be used for consideration of approval of a small utility box or a large utility box as a conditional use.
B. No application for a utility box, whether small or large, shall be approved unless it is determined that:
1. The provisions of this Section 1224.12 are satisfied;
2. The approval of the utility box is in the best interest of the public health, safety and welfare;
3. The approval of the utility box is in accord with then current and sound site design and community planning principles for such equipment; and
4. The approval of the utility box will not create a visual intrusion in the immediate surrounding area of that same particular utility box so that meeting standards for landscaping and screening, setbacks, appearance and placement will not substantially reduce and mitigate such intrusion.
(Ord. 08-7. Passed 6-10-08.)