909.11 DESIGNATED AREAS WHERE ABOVE-GROUND/NON-BURIED UTILITY POLES, WIRELESS SUPPORT STRUCTURES AND APPURTENANCES ARE PERMITTED.

   (a)   The City hereby designates the following public rights-of-way within which above-ground/non-buried utility poles, wireless support structures and associated appurtenances may be constructed, placed and used:

      (1)   Streets.

Street Name	Limits
Wapakoneta	N City Limit	to	Main
St Marys	I-75 ramp	to	Park
Broadway	N City Limit	to	Kossuth
Pt Jefferson	N City Limit	to	Kossuth
Fourth	Russell	to	Grove
Main	Russell	to	Jefferson
Miami	Russell	to	Jefferson
Riverside	N City Limit	to	Tawawa
Kuther	N City Limit	to	S City Limit
Buckeye	Park	north	approx 975'
Sycamore	Park	to	Michigan
Linden	N Dead End	to	Michigan
Vandermark	Michigan	to	City Limit
Fair	Fourth	to	Spruce
Fourth	SR 47/Court	to	Campbell
Fourth	Campbell	south	approx 1250'
Royan	Michigan	to	North
Wagner	N Dead End	to	Campbell
Highland	SR 47/Court	to	Fair
Wilkinson	Court	to	Campbell
Walnut	Court	to	Campbell
Brooklyn	Fielding	to	S City Limit
Oldham	Court	to	Fielding
Sophia	Court	to	Fielding
Shie	Fielding	to	Fulton

 

Doorley Rd	Court	to	S City Limit
S Main	CSX R.C. § 4511.991	to	S City Limit
Millcreek	Kuther	to	Fair
Campbell	Kuther	to	Highland
SR 47/Court	Kuther	to	1-75
Russell	Vandemark	to	Broadway
Dingman Slagle	W City Limit	to	E City Limit
Country Side	Fourth	to	Buckeye
Kossuth	Broadway	to	Pt Jefferson
Park	Sixth	to	St Marys
Pike	Park	to	St Marys
Jefferson	Main	to	E Dead End
North	Royan	to	Dayton
Court	E City Limit	to	Miami River
South	Walnut	to	West
Fielding	Brooklyn	to	Court
Fair	Fairington	to	Spruce
Chase	Fair	to	Lincoln
Lincoln	Fairington	to	Chestnut
Childrens Home	Gearhart	to	S City Limit
Gearhart	Main	to	E City Limit

 

   which such streets are graphically represented in Exhibit A attached to Ordinance A-2928, which such Exhibit A is incorporated herein by reference.

   (2)   Alleyways. All publicly dedicated and improved alleyways bounded by Russell Road to the north, 175 to the west, Great Miami River to the east and the east-west CSX railroad tracks to the south, which such alleyways are graphically represented in Exhibit B, attached to Ordinance A-2928, which such Exhibit B is incorporated herein by reference.

   (b)   No above-ground/non-buried utility poles, wireless support structures and associated structures shall hereinafter be located in any public rights-of-way other than in the alleyways depicted in Exhibit B attached to Ordinance A-2928, in any historic district within the City of Sidney. For purposes of this section, the term "historic district" shall have the same meaning as set forth in Subsection 909.02 (j) of Ordinance A-2923, which is as follows:

      (1)   “Historic District” A building, property, or site, or group of buildings, properties, or sites that are either of the following:

         A.   Listed in the national register of historic places or formally determined eligible for listing by the keeper of the national register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the national register, in accordance with section VLD.l.a.i-v of the nationwide programmatic agreement codified at 47 C.F.R. part 1, Appendix C;

         B.   A registered historic district as defined in Ohio R.C. 149.311.

      (2)   At present, the only existing historic district situated within the City of Sidney is known as the “Courthouse Square Historic District” and is defined by the following boundaries:

            Beginning at the west side of an alley located between Main and Miami Avenues at the southern curb line of North Street, proceed south along the rear property lines of 120-130 N. Main Ave. to an alley between North and Poplar Streets; proceed east along the northern property line of lot 14 to Miami Avenue; proceed south along the west, curb line of Miami Ave. to Poplar St. then west along the north curb line of Poplar approximately 120 feet; proceed south across Poplar following the eastern boundary of 219 E. Poplar to an alley between Poplar and Court Streets, then west to the alley between Main and Miami; continue south along the rear property lines of 120-134 South Main Avenue and cross Court Street to the southern curb line; proceed east on Court to Miami Avenue, then south on Miami approximately 90 feet, then proceed west to an alley between Miami and Main, then north approximately 8 feet, then west along the southern property line of 203-217 East Court Street crossing Main Avenue, next south on Main to the southern property line of 217 South Main; proceed west along said property line to an alley between Main and Ohio; proceed south following the rear property lines of lots 67 and 68 to South Street, then west along the northern curb line of South Street to Ohio Avenue, next north approximately 83 feet, then proceed west across Ohio following the southern lot line of 221 S. Ohio to the alley between Ohio and West Avenues; follow the alley north along the rear property lines of 127 - 221 S. Ohio Ave. across Court Street to an alley between Poplar and Court Streets; turning west, proceed along an alley at the rear property lines of 119-131 W. Poplar to West Avenue; follow the east curb line of West Avenue north across Poplar to an alley located between Poplar and North Streets; proceed east to the alley between West and Ohio along the north property lines of 118-134 W. Poplar; turning north, proceed along the rear property line of 135 N. Ohio to the southern curb line of North Street, then east following said curb line to the west curb line of North Ohio Avenue, then south to the alley between Poplar and North streets, east across North Ohio Avenue to the east curb line of Main Avenue, then north to the southern curb line of North Street and east to the point of beginning.

         and which is graphically represented in Exhibit C attached to Ordinance A-2928, which such Exhibit C is incorporated herein by reference.

   (c)   The City of Sidney expressly prohibits the construction, placement and use of above-ground/non-buried utility poles, wireless support structures and associated appurtenances within, on, along, or upon all other public rights-of-way located within the City of Sidney, except as specifically enumerated in subsection (a) hereof, and as graphically represented in Exhibits A & B attached to Ordinance A-2928.

   (d)   The City of Sidney shall allow the collation of small cell facilities on existing utility poles and wireless support structures and the replacement of existing utility poles and wireless support structures within the public rights-of-way specified in subsection (a) hereof, subject however to the following: Any utility structure or portion hereof currently located in, on, or along an existing or later-acquired public right-of-way that can by its nature be reasonably placed underground shall be placed underground.

   (e)   The prohibitions referenced herein shall apply to all rights-of-way hereinafter developed within the current corporate limits of the City of Sidney, as well as to any territory subsequently annexed to the City of Sidney hereinafter.

   (f)   The prohibitions referenced herein shall not apply to the temporary above-ground placement of utility lines during construction or emergency conditions.

(Ord. A-2928. Passed 4-23-18.)