(a) No person shall install, construct, erect or replace a utility structure unless all provisions of this chapter have been met. To ensure compliance with these regulations, a permit shall be required unless specifically exempted in this chapter.
(b) Before any utility structure requiring a permit is installed, constructed, erected or replaced, an application must be made to the Administrator. Every application for permit approval shall be accompanied by a plan drawn to scale that depicts the lot location, right-of-way line, lot dimensions, and proposed location of the utility structures. The application shall include the written consent of the property owner of the proposed location for placement of the proposed utility structure or copy of a recorded easement that permits placement of the utility structure and a statement by the owner of the utility structure that the utility structure is permitted within said easement.
(c) A permit issued by the Administrator shall be required for the following utility structures:
(1) New small utility structures located in the front yard.
(2) New large utility structures regardless of location.
(3) Replacement of large utility structures in the front yard.
(d) The Administrator shall review the application and make a decision on issuance of a permit within ten days. The Administrator shall issue a permit approving the utility structure if the utility structure meets the location guidelines and screening criteria contained in this chapter.
(e) No permit is required for the following utility structures:
(1) New small utility structures in the side or rear yard.
(2) Replacement of small utility structures regardless of location, provided that all unused utility structures are promptly removed.
(3) Replacement of large utility structures in the side or rear yard, provided that all unused utility structures are promptly removed.
(4) A utility structure that is physically attached to a building, such as a meter or service box or to the wiring, cable, pipe, or conduit that provides utility service from a service main to the individual property, or to gas meter regulators.
(5) The installation of new or the replacement of small and large utility structures on property owned by the City. This does not exempt the utility company from the responsibility of its installation and maintenance in a safe condition or from conforming with applicable provisions of this chapter governing materials, construction and erection.
(f) A utility company, providing essential services, has temporary approval to install a utility structure that requires a permit, without a permit, if such installation is required to adequately respond to an emergency with respect to those essential services. Provided however, within seven days after such installation, the utility company shall notify the Administrator of the emergency action taken and the utility company shall, within said seven days, apply for a permit. The utility company shall remove a utility structure placed during an emergency without a permit within 90 days of its installation if a permit is not granted for the utility structure.
(Ord. 25-12. Passed 6-18-12.)