(a) Unless permitted by the Codified Ordinances of the City of Zanesville, including but not limited to Chapters 725, 737, 901, 905 and 907, 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 Director that such use:
B. Is not inconsistent with policy of the City, and;
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 Director 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 permit. 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 Permit, pursuant to 911.02(b) of this chapter, or said services should the City determine the necessity to do so.
A. Said Permits are issued for a ten (10) 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 Chapter 757 of Codified Ordinances of the City are subject to their own term limits as so stated in the Franchise Agreement, Service Permit or the Codified Ordinances of tile City.
C. General Right-of-Way Permits with said existing term limits are issued for the lesser of:
1. A 10 year period, or;
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 (1) 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. Permit 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.
1. Said Permits are issued for a three (3) 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 their personal residence and/or residential properties. Said enhancements shall not be for any business purpose.
1. 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 Chapters 901, 903, 905 and 907 of the Codified Ordinances of the City or conditions negotiated and agreed to by the City and the Permittee.
(4) Summary of permit types.
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 |
Special Right-of-Way(Non-residential) | 3 years | $500 |
Special Right-of-Way (Residential) | Unlimited | $50 |
(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 any Codified Ordinances of the City. Any other or additional Right-of-Way use by any Permittee shall require a separate or amended Permit as may be determined by the Director.
(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 Director, 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 its 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 is subject to the jurisdiction and recognized on the rolls of the PUCO or is a cable operator possessing a valid franchise agreement pursuant to federal law and any applicable laws of the City, unless otherwise shown by clear and convincing evidence.
Unless otherwise provided in a Permit, the Permittee shall reimburse the City for all 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 Director does not disapprove the same within thirty (30) days of receipt of the completed written transfer request, and;
(2) Transfer to affiliates under common ownership and control with the Permittee shall not require approval, so long as the Director is provided thirty (30) days written notice of such transfer.
(f) This Chapter hereby creates a Right-of-Way Board. The Right-of-Way Board shall consist of: the Public Service Director, the Public Safety Director and the Community Development Director. The Right-of-Way Board shall act by majority vote. Each of the designated members of the Right-of-Way Board can designate in writing an alternate to perform said member's duties and responsibilities when the member will be absent.
The Public Service Director shall act as chair of the Right-of-Way Board.
The Right-of-Way Board shall meet whenever necessary, to review and act upon all pending new and/or renewal Right-of-Way Permit Applications and/or Appeals. Notice of all Right-of-Way Board meetings or other proceedings shall be given to the single point of business contact of all General Right-of-Way Permit holders, at least seven calendar days prior to such meetings or other proceedings. This notice shall be in addition to any other notice required by Ohio law.
(Ord. 02-70(a). Passed 11-25-02.)