As used in this chapter, the following terms shall have the following meanings:
(a) “Utility Structure” as used in this chapter means any above ground structure, facility, or equipment, including but not limited to, pedestals, poles, boxes, cabinets, meters, storage facilities, or utility stations, that are associated with a utility providing services to its customers. Such services shall include, but are not limited to: electricity, natural gas, telecommunications, cable, video and Internet service, and water. Utility structures shall not include fire hydrants, traffic control devices, or other City equipment.
(b) “Permit” as used in this chapter means a Private Property Utility Structure Permit, issued by the City.
(c) “Front Yard”, “Rear Yard” and “Side Yard” shall have the same definition as set forth in Section 1165.02 of the Union Codified Ordinances. Provided, however, in the event a lot is on a corner such that both a front yard and side yard abut a street, the side yard that abuts a street shall also be considered a front yard for purposes of this chapter.
(d) “Opacity” as used in this chapter means the degree to which a structure, use or view is screened from adjacent properties.
(Ord. 1453. Passed 7-14-08.)
(a) Utility structures shall be classified by size as follows:
(1) Small utility structures shall be less than 36" in height above grade, less than 36" in width, and less than 36" in depth.
(2) Large utility structures shall be greater than 36" in height above grade, greater than 36" in width, and greater than 36" in depth.
(b) 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.
(Ord. 1453. Passed 7-14-08.)
(Ord. 1453. Passed 7-14-08.)
For the purpose of this chapter:
(a) A Private Property Utility Structure Permit issued by the City Manager 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.
(b) The City Manager or his designee shall review the application submitted by the utility company and any written concerns submitted by the property owner and all property owners within 100 feet of the utility structures. There shall be a fifty dollar ($50.00) fee paid to the City at the time of submission of the application. The City Manager shall issue a Permit approving the utility structure, after the required notice is given, if the utility structure meets the location guidelines and screening criteria contained in this chapter.
(c) No permit is required for the following utility structures:
(1) New small utility structures in the side or rear yard.
(2) New utility poles regardless of location.
(3) Replacement of small utility structures regardless of location, provided that all unused utility structures are promptly removed.
(4) Replacement of large utility structures in the side or rear yard, provided that all unused utility structures are promptly removed.
(5) Replacement of utility poles regardless of location provided that all unused utility structures are promptly removed.
(6) 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.
(d) The City Manager may grant a utility company temporary approval of utility structure when it is necessary in order to provide essential services in an emergency or to a new customer. If immediate action is required, a utility company has temporary approval to take whatever action is necessary in order to respond to an emergency. As soon as is practicable, the utility company shall notify the City Manager of the emergency and the action taken. Within five days after obtaining temporary approval, the utility company shall file for a Permit. Temporary approvals shall expire after 90 days and are conditioned upon the utility company relocating or removing the utility structure within 120 days if a Permit is not granted for the utility structure. The fee for a Temporary Approval Permit shall be fifty dollars ($50.00).
(Ord. 1453. Passed 7-14-08.)
If a permit is required, the utility company shall provide for written notice to the property owner and all property owners within 100 feet of the utility structures. The written notice may be hand-delivered or sent by ordinary mail. A Permit may not be issued until at least seven days after the written notice has been hand-delivered or mailed. If the Utility Structure does not require a Permit, then the utility company shall provide post-installation notification to the City Manager within thirty days.
(Ord. 1453. Passed 7-14-08.)
All New or Replaced Utility Structures under this chapter are to be placed within the intersection clearance zone with a ten-foot minimum clearance from fire hydrants. Where possible, Utility Structures should be located in a platted utility easement, or a private utility easement. All Utility Structures must be coordinated to the extent possible with existing utility structures, reducing the total number of utility structures, providing the most effective screening, and minimizing the impact on existing trees. Large utility structures shall not be located within the front yard.
(Ord. 1453. Passed 7-14-08.)
The utility company shall minimize the visual impact of the utility structure, including size, color, and screening. The vistas of the property owner and adjacent property owners shall be considered with a goal of obtaining fifty percent (50%) opacity as viewed from neighboring property lines. Fifty percent (50%) opacity should be obtained upon installation. However, the City Manager may permit planting to be postponed due to seasonal conditions. Fifty percent (50%) opacity shall not be required for utility poles or for wires and cables. Screening is to be achieved by the use of existing or new vegetation; existing or new fencing; existing structures.
(Ord. 1453. Passed 7-14-08.)
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