(a) Unless permitted by these Codified Ordinances, no person shall use, occupy, construct, own or operate structures or facilities in, under or over any rights-of-way or any public property within the City unless such person first obtains a right-of-way permit and conforms to the requirements set forth therein and in this chapter, provided, however, that right-of-way permits shall not be required for the following uses:
(1) Newspaper stands;
(2) Carts;
(3) Sidewalk cafes;
(4) Parking lots;
(5) Awnings; and
(6) Residential purposes, so long as, in the opinion of the City Manager, such use:
A. Has received or will receive all other necessary permits, including any permits set forth in these Codified Ordinances or as may be required under this chapter;
B. Is not inconsistent with any policy of the City;
C. Does not adversely affect the public health, safety or welfare; and
D. Does not materially interfere with the other lawful use of the right-of-way.
The City Manager may adopt regulations controlling and further defining residential purposes and to otherwise implement the regulations to be made under this section.
(b) The following types of right-of-way permits are available:
(1) General right-of-way permits. Granted to persons who desire and are granted authority to use the right-of-way generally for business purposes, including the provision of natural gas, electric power, cable television, communications, or other utility services to the City, its residents and taxpayers. The City reserves the right to require a service agreement for said services should the City determine the necessity to do so.
A. Said permits are issued for a ten-year period unless a lesser amount of time is requested within the application.
B. Cable television or other services that are covered by an existing service permit, franchise agreement, or these Codified Ordinances, are subject subject to their own term limits as so stated in the franchise agreement, service permit or these Codified Ordinances.
C. General right-of-way permits with said existing term limits are issued for the lesser of: (1) a ten-year period; (2) the length of time remaining on the existing franchise permit; or (3) the amount requested within the application for the permit.
(2) Special right-of-way permits. Granted to persons for a specific, limited use of the rights-of-way or a specific portion thereof as further defined in the permit. Such special right-of-way permits shall not be available to any person for use of more than one mile of right-of-way. Special right-of-way permits may be granted for any amount of right-of-way to agencies of the government of the United States, the State of Ohio, or its political subdivisions, for governmental purposes. Said permits shall be available in the following two categories:
A. Special right-of-way permit for non-residential purposes. Granted to an individual or business seeking to place facilities and/or enhancements within the public rights-of-way for public or private business purposes. Said use shall be limited to one linear mile of public right-of-way. This type of permit shall be issued for all qualifying governmental purposes as defined in this chapter regardless of the length of right-of-way used.
Said permits are issued for a three-year period of time unless a lesser term is requested and approved within the application.
B. Special right-of-way permit for residential purposes. Granted to an individual seeking to place enhancements within the public right-of way immediately adjacent to his or her personal residence and/or residential properties. Said enhancements shall not be for any business purpose.
Said permits are issued for an indefinite period of time unless a lesser term is requested and approved within the application.
(3) All permits shall specify the use or uses for which such permits are granted and shall contain such other nondiscriminatory terms and conditions as are appropriate and as are set forth in this chapter and these Codified Ordinances or conditions negotiated and agreed to by the City and the permittee.
(4) A summary of permit types is as follows:
Type of Permit Term Fee
General right-of-way (have a service permit) 10 years N/A
General right-of-way (without a service permit) 10 years $1,000.00
Special right-of-way (non-residential) 3 years 500.00
Special right-of-way (residential) Unlimited 50.00
(5) Nothing in this chapter should be construed to preclude the City from requiring any person offering any natural gas, electric power, cable television, communications or other utility services for which the City may lawfully require a service permit, to acquire a service permit upon the expiration of any right-of-way permit issued hereunder.
(c) Any such right-of-way permit may also allow the use of specified public property for the uses set forth in the right-of-way permit and in this chapter.
(d) Each right-of-way permit shall specify the use or uses for which it is granted and contain such other non-discriminatory terms and conditions as are appropriately specified by the City or as set forth in this chapter, any regulations the City may adopt, or these Codified Ordinances. Any other or additional right-of-way use by any permittee shall require a separate or amended permit as may be determined by the City Manager.
(e) Unless otherwise set forth herein, right-of-way permits or the rights of a permittee thereunder are not transferable without the prior express written approval of the City Manager, upon written request. Such request shall contain evidence that the proposed transferee has the financial, technical and managerial resources to comply with the obligations of this chapter and the right-of-way permit and shall be granted if such transferee has such resources. In making said determination, a proposed transferee shall be presumed to possess the requisite financial, technical and managerial resources if said transferee possesses valid authorization from the Public Utilities Commission of Ohio, including certification pursuant to Ohio R.C. 4933.81 et seq., for the services to be provided by the facilities subject to this chapter, unless otherwise shown by clear and convincing evidence. Unless otherwise provided in a permit, the permittee shall reimburse the City for all direct and indirect fees, costs, and expenses reasonably incurred by the City in considering a request to transfer or assign a permit. Any transfer or assignment of a permit without prior approval of the City or its designee shall be null and void and is cause for revocation of the permit.
(1) All requests for transfer shall be deemed approved if the City Manager does not disapprove the same within thirty days of receipt of the completed written transfer request.
(2) The transfer to affiliates under common ownership and control with the permittee shall not require approval, so long as the City Manager is provided thirty days written notice of such transfer.
(Ord. 99-64. Passed 9-7-99.)