§ 28-237. Permit and other requirements.

(a)

A permit shall be required for all AGUS in the public right-of-way when:

(1)

Placing new AGUS on or adjacent to residentially zoned property; or

(2)

Replacing or upgrading AGUS in residentially zoned property in accordance with following; or

(i)

The upgrade or replacement AGUS is larger than the existing;

(ii)

The upgrade or replacement AGUS is taller than thirty-nine (39) inches.

(3)

An AGUS replaces a utility structure that was previously below ground,

(b)

A permit is not required for:

(1)

Placing AGUS on property not zoned residentially or adjacent to properly zoned residentially.

(2)

Replacements or upgrades to existing AGUS that are in compliance with the AGUS guidelines in effect at the time of the replacement or upgrade.

(3)

Replacements or upgrades that do not increase the size or change the location of an existing AGUS that is less than thirty-nine (39) inches tall.

(4)

Maintenance or service to an existing AGUS.

(c)

Permit applicants shall identify appropriate locations for the AGUS that comply with the placement criteria set forth in the AGUS placement guidelines.

(d)

AGUS shall comply with all requirements of other city ordinances and other state and federal laws and regulations. The AGUS owner shall be responsible for obtaining other permits, as required.

(e)

The owner of an AGUS shall maintain the AGUS free of graffiti and other defacements such as posters, stickers, decals, and signs, except those placed on the AGUS by the AGUS owner. The exterior finish of a utility structure shall be maintained relatively free of rust, peeling or faded paint, or other visible deterioration. An AGUS and its supporting foundation or pad shall be maintained in such a way as to prevent or eliminate leaning and soil erosion underneath. AGUS that lean beyond fifteen (15) degrees from the perpendicular shall be corrected to be as close as possible to perpendicular. Any open space between the bottom of a foundation or pad and the ground underneath shall be filled with either additional soil or concrete to maintain continuous contact with the ground. The permit application for installation of an AGUS shall include the name mailing address and telephone number of a single point of contact responsible for resolving graffiti and other appearance issues should they occur.

(f)

The AGUS shall be clearly marked with the owner's name and telephone number.

(Ord. No. 2009-O-045, 4-6-09)