Utility structures located outside the public right-of-way shall comply with the following specific standards and conditions:
(a) Classification of Utility Structures. Utility structures shall be classified by size as follows:
(1) Small utility structures shall be less than 36 inches in height above grade, less than 36 inches in width, and less than 36 inches in depth.
(2) Large utility structures shall be equal to or greater than 36 inches in height above grade, equal to or greater than 36 inches in width, and equal to or greater than 36 inches in depth. If all three dimensions do not fall within the same size classification, then the utility structure will be classified based on the dimension that falls within the largest classification.
(b) Certificate of Compliance.
(1) In addition to the general application requirements of Section 1111.03 an application for a utility structure shall include the written consent of the property owner of the proposed location 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.
(2) A certificate of compliance issued by the Administrator shall be required for the following utility structures:
A. New small utility structures located in the front yard.
B. New large utility structures regardless of location.
C. Replacement of large utility structures in the front yard.
(3) No certificate of compliance is required for the following utility structures:
A. New small utility structures in the side or rear yard.
B. Replacement of small utility structures regardless of location, provided that all unused utility structures are promptly removed.
C. Replacement of large utility structures in the side or rear yard, provided that all unused utility structures are promptly removed.
D. 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.
E. 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 section governing materials, construction and erection.
(4) 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.
(c) Location and Screening.
(1) Location.
A. No new or replaced utility structures under this chapter shall be located:
1. Within the area of a sight triangle;
2. Within ten feet of any hydrant; or
3. In any location that will adversely impact the line of sight for any driveways.
B. No new large utility structure shall be placed in a front yard.
C. Where possible, utility structures should be located in a platted utility easement. All utility structures shall be coordinated to the extent possible with existing utility structures, reducing the total number of utility structures within a given 100-foot area, providing the most effective screening, and minimizing the impact on existing trees.
(2) Screening.
A. The utility company shall minimize the visual impact of the utility structure, including size, color, and screening. All labeling on any single utility structure shall cover a combined area no larger than one-half square foot in area. The vistas of the property owner and adjacent property owners shall be considered with a goal of obtaining 50% opacity as viewed from neighboring property lines. Fifty percent opacity should be obtained upon installation. However, the Administrator may permit planting to be postponed due to seasonal conditions. Screening is to be achieved by the use of: (i) existing or new vegetation; (ii) existing or new fencing; (iii) existing structures. Final approvals of the screening shall be approved in writing by the Administrator.
B. Electric meters that are to be placed in conjunction with a utility structure installation shall be placed in a manner that minimizes its visibility from the closest public right-of-way. In no case shall electric meters be attached to the top surface of a utility structure.
C. If the utility structure installation requires the installation of a pad affixed to the ground, the pad shall be constructed of concrete.
(d) Removal of Unlawful Structures. Any prohibited utility structure shall be removed by the owner within ten days of receipt of notification from the Administrator. If such utility structures are not so removed, the Administrator shall cause the utility structure to be removed at the owner's expense.
(Ord. 16-19. Passed 9-16-19.)