A. Purpose: Utility infrastructure provides a necessary service to the community. The regulations of this section are intended to allow for ground mounted utility boxes while reducing the negative impacts they may create.
B. Compliance With Regulations Required: All ground mounted utility boxes shall be subject to the regulations of this section and any applicable requirement in Title 21A, unless exempted within section 21A.02.050 of this title and any applicable adopted code and regulation. The location and access for maintenance of all required utility infrastructure is subject to approval by the utility provider and complying with all applicable adopted codes and regulations. No construction shall be undertaken without the applicable city permits and public way permits.
C. Location: Ground mounted utility boxes shall be located as required by this section.
1. Private Property or Parcel. On the subject parcel or an adjacent parcel when part of new construction or as an addition to an existing building that requires additional utility service subject to the following standards:
a. Rear and Side Yards: the ground mounted utility box shall be located a minimum of one foot from a side or rear property line.
b. Front and Corner Side Yards: The ground mounted utility box shall be located within five feet (5') of the building façade when located in required or provided front or corner side yard and at least one foot from a front or corner side yard property line. Utility boxes in a front or corner side yard shall be screened by a wall, fence, or hedge of at least equal height not to exceed the maximum height for a wall or fence allowed in the applicable yard.
c. Ground mounted utility box(es) may be placed in a required landscaped yard if screened by a wall, fence or hedge of at least equal height not to exceed the maximum height for a wall or fence allowed in the applicable yard.
d. If proposed on an adjacent parcel, an easement shall be provided for the utility boxes and associated equipment along with consent from the owner of the adjacent parcel.
2. Public Right of Way - Single Property or Parcel. In a public right of way if each of the following criteria are satisfied:
a. There is an existing building on the subject property that is located in a manner that prohibits the placement of required utility infrastructure on the property;
b. There is no existing front yard, corner side yard, interior side yard, or rear yard of sufficient size to accommodate ground mounted utility box(es) and access for maintenance, as required by the utility provider, of the box(es) within the yard. A right of way may be used to accommodate necessary working space;
c. There is not an alley adjacent to the subject property that provides sufficient access as required by the utility provider to a yard of sufficient size to accommodate ground mounted utility box(es). If the alley is not a public alley, necessary permissions and easements must be provided;
d. The existing utilities are not being relocated to support an expansion of the use or building or for any new use or accessory use on the property;
e. The ground mounted utility box will not negatively impact any existing or planned public improvement within the right of way;
f. The ground mounted utility box is located at least 10 feet away from any tree in the right of way;
g. The ground mounted utility box(es) comply with all requirements of chapter 14.32 or its successor; and
h. The applicant has provided to the city and the utility provider the dimensions and space requirements necessary for the utility needs, as determined by the utility provider, of the proposed development.
3. Public Right of Way - Broader Neighborhood. In a public right of way when the ground mounted utility box is necessary to provide utility service, wireless service, or other telecommunications service to the broader neighborhood, the location is consistent with any legal agreement between the utility provider and the city, and the proposed utility box complies with all applicable regulations.
4. Public Right of Way - Permit Issuance. The city engineer may issue a permit for the installation of a ground mounted utility box in the public right of way in accordance with standards set forth in this section and Title 14, chapter 14.32 of this code.
D. Materials: All ground mounted utility boxes shall consist of high quality material such as stainless steel or other durable painted or colored material. The finish shall be a neutral color such as dark or light green, beige or gray or color similar to utility boxes within the vicinity and coated with a graffiti resistant treatment.
E. Post installation Obligations: All ground mounted utility boxes and any related screening materials shall remain the service provider's responsibility to keep in a state of good visual quality and repair.
1. Franchise Agreements: Permitted and installed ground mounted utility boxes shall also comply with all conditions as set forth in the service provider's/owner's franchise agreement with the city. If the terms of any franchise agreement conflict with the provisions of this title, the ordinance regulations shall prevail and govern.
2. Discontinued Use: If the service provider/owner of a ground mounted utility box in the public right of way discontinues the use or has no defined need for said box, it is that service provider's/owner's sole responsibility to remove the box and all associated conduit and wiring at its own expense in compliance with all engineering division requirements.
3. Required Contact Information: A service provider shall place a permanent notice on the box containing the service provider's name and telephone number for the purpose of notification in the event of graffiti or damages to the equipment.
4. Maintenance: A service provider shall be solely responsible for maintaining ground mounted utility box sites in reasonably good repair in a clean, safe and level condition. "Level condition" shall mean not tilting greater than fifteen degrees (15°) from plumb. A service provider shall repair any damage to a ground mounted utility box within seventy two (72) hours after discovering or being notified of such damage to a box. (Ord. 64-21, 2021: Ord. 14-15, 2015)