[Ord. No. 2349 §3, 10-1-2007]
A.
Every
public utility, cable company, video service provider and other users
of the City rights-of-way or adjacent easements to provide services
shall comply with the supplemental regulations in this Section regarding
the placement of accessory utility facilities on public or private
property. For purposes of this Section, "accessory utility
facilities" shall mean such facilities, including pedestals,
boxes, vaults, cabinets, or other ground-mounted or below-ground facilities
that directly serve the property or local area in which the facility
is placed, are not primarily for transmission or distribution to other
locations, do not materially alter the character of the neighborhood
or area, and otherwise are customarily found in such areas. Except
where limited by other provisions of City ordinance, accessory utility
facilities shall be subject to the following supplementary regulations:
1.
Approval — design — location — application. The design, location, and nature of all accessory utility facilities
on private or public property shall require approval of the City,
which approval shall be considered in a non-discriminatory manner,
in conformance with this Article, and subject to reasonable permit
conditions as may be necessary to meet the requirements of this Article.
In considering individual or multiple location applications, the City
shall review the request to ensure the proposed facilities do not
impair public safety, harm property values or significant sight lines,
or degrade the aesthetics of the adjoining properties or neighborhood,
and taking into consideration reasonable alternatives. Any material
changes or extensions to such facilities or the construction of any
additional structures shall be subject to the requirements and approvals
as set forth herein. Unless otherwise prohibited, utility facilities
subject to this Subsection may be located in minimum setback areas
provided that all other requirements are met. To the extent permitted
by Section 67.2707.3, RSMo., the time, method, manner or location
of facilities to be located in the rights-of-way may be established
or conditioned by the City to protect the rights-of-way or to ensure
public safety. An inspection fee shall be required as may be established
by the City to reimburse the City for the costs of review and inspection
of accessory utility facilities as may be permitted by applicable
law.
2.
General regulations. The following general regulations apply
to all accessory utility facilities:
a.
All
such facilities shall be placed underground, except as otherwise provided
in Subparagraphs (c) and (d) herein or as approved by special use
permit.
b.
All
such facilities shall be constructed and maintained in such a manner
so as not to emit any unnecessary or intrusive noise.
c.
All
facilities and utility boxes shall be deemed abandoned after six (6)
continuous months of non-use, and shall therefore be removed within
thirty (30) days thereafter at the cost of the utility.
d.
Unless
otherwise restricted, utility poles for authorized above ground lines
or facilities shall be permitted up to forty-five (45) feet in height
where utilities are not otherwise required to be placed underground;
provided that such poles shall be no higher than necessary, maintained
so as to avoid leaning from upright position, and without use of guy
wires crossing rights-of-way or pedestrian routes except where approved
by the City as necessary due to the lack of feasible alternatives.
e.
Utility
facilities placed in designated historic areas may be subject to additional
requirements regarding the placement and appearance of facilities
as may be necessary to reasonably avoid or reduce any negative impact
of such placement.
f.
Any
damage to landscaping or vegetation on private or public property
during installation or maintenance of facilities shall be promptly
remedied by the facility owner.
g.
At
least forty-eight (48) hours prior to any installation, replacement
or expansion of any facility located on private property, the facility
owner shall provide notice to all property owners within one hundred
eighty-five (185) feet from the site. Notice shall include detailed
description of work to be done, the exact location of work and the
time and duration when it will be undertaken.
h.
No
facilities may be located so as to interfere, or be likely to interfere,
with any public facilities or use of public property.
i.
All
utility facilities not authorized by this Subsection or specifically
addressed elsewhere in this Code shall be authorized only as a special
use permit.
3.
Residential districts. In residential districts, accessory
utility facilities less than three and one-half (3.5) feet in height
and covering less than eight (8) square feet in area may be installed
above ground with the prior approval of the City. Except as otherwise
may be authorized herein, any larger utility facility shall be installed
underground or authorized to be installed above ground only by special
use permit. All above ground facilities, where authorized, shall be
placed in the rear yard wherever practical. If locating these facilities
in the rear yard is not practical, then such facilities may be located
in the side yard. Such facilities shall not be located in the front
yard or within the public right-of-way unless otherwise approved by
the City upon a determination that all other alternatives are not
feasible.
4.
Non-residential districts. In non-residential districts,
accessory utility facilities with a height of less than five (5) feet
and covering less than sixteen (16) square feet in area may be installed
above ground with the prior approval of the City. Except as otherwise
may be authorized herein, any larger utility facility shall be installed
underground or authorized to be installed above ground only by special
use permit. All above ground facilities, where authorized, shall be
placed in the rear yard wherever practical. If locating these facilities
in the rear yard is not practical, then such facilities may be located
in the side yard. Such facilities shall not be located in the front
yard or within the public right-of-way unless otherwise approved by
the City upon a determination that all other alternatives are not
feasible.
5.
Landscape screening. A sight-proof landscape screen shall
be provided for all authorized above ground facilities taller than
three (3) feet in height or covering in excess of four (4) square
feet in size. Such screen shall be required to sufficiently conceal
the facility. A landscape plan identifying the size and species of
landscaping materials shall be submitted by the utility and approved
by the City prior to installation of any facility requiring landscape
screening. The utility shall be responsible for the installation,
repair, or replacement of screening materials. Alternative screening
or concealment may be approved by the City to the extent it meets
or exceeds the purposes of these requirements. Facilities located
in rear yards may be exempted from screening where located so as not
to be visible from:
6.
Compliance with other laws. All accessory utility facilities
shall be subject to all other applicable regulations and standards
as established as part of the City Code, including, but not limited
to, building codes, zoning requirements and rights-of-way management
regulations in addition to the supplementary regulations herein. The
provisions of this Section shall not apply to any circumstance or
entity in which application under such circumstances is pre-empted
or otherwise precluded by superseding law.
