[Ord. No. 1728 §II, 11-20-2007]
Every public utility, cable company, video service provider and other users of the City rights-of-way or easements to provide services shall comply with the regulations in this Chapter regarding the placement of accessory utility facilities on public or private property.
For purposes of this Chapter, "accessory utility facilities" (or "facilities") shall mean such facilities, including pedestals, boxes, vaults, cabinets or other ground-mounted or below-ground facilities, including associated conduits, cables and/or lines, that directly serve the local area or property 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.
Any construction, erection, installation and/or placement of accessory utility facilities within the City shall be subject to the following regulations:
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 Chapter and subject to reasonable permit conditions as may be necessary to meet the requirements of this Chapter. To that end, prior to any construction, excavation or other work on any accessory utility facility, the facility owner shall make application to the City and attach detailed plans for the City's review and approval. 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.
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, considering all reasonable alternatives. 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.
General regulations. The following general regulations apply to all accessory utility facilities:
Noise. All such facilities shall be constructed and maintained in such a manner so as not to emit any unnecessary or intrusive noise.
Abandoned boxes. 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.
Utility poles. 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.
Historic areas. Utility facilities placed in any 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.
Damage. 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. The facility owner shall replace all plantings damaged by the work with like plantings and shall replace all damaged grass areas with sod of the same type of grass as was damaged.
Private property, notice. 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 the City and 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.
No interference. No facilities may be located so as to interfere, or be likely to interfere, with any public facilities or use of public property.
Other facilities. All utility facilities not authorized under this Subsection or specifically addressed elsewhere in this Code shall be authorized only by the Board of Aldermen pursuant to an ordinance granting a special accessory facilities permit for such facilities.
Residential areas. In residential districts and rights-of-way adjacent thereto, accessory utility facilities less than three (3) feet in height and covering less than six (6) 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 a special accessory facilities permit authorized by the Board of Aldermen by ordinance. 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.
Non-residential areas. In non-residential districts and rights-of-way adjacent thereto, 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 accessory facilities permit after a hearing before the Board of Aldermen. 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.
Landscape screening. A sightproof landscape screen shall be provided for all authorized above ground facilities in excess of two (2) 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:
Compliance With Other Laws. All accessory utility facilities shall be subject to all other applicable regulations and standards as established as part of the Code including, but not limited to, building codes, zoning requirements and rights-of-way management regulations in addition to the 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.