Bell City Zoning Code
CHAPTER 17
72 PUBLIC COIN-OPERATED TELEPHONES
§ 17.72.010 Purpose and policies.
The location, security and maintenance of public coin-operated telephones ("telephone") are matters requiring uniform control and regulation by the city, in the manner set forth in this chapter, in order to protect the health, safety and general welfare of the residents of the city.
(Ord. 1066)
§ 17.72.020 Special use permit required.
Notwithstanding any provision of this title to the contrary, every telephone located on the exterior of a structure or visible from the public right-of-way or a public place shall be permitted to be located in a C-3, C-3R, C-M or M zone in the city, only if a special use permit is first obtained therefor, pursuant to the provisions of this chapter. Telephones shall not be permitted on the exterior of any structure in any R zone in the city.
(Ord. 1066; Ord. 1129, 1997)
§ 17.72.030 Application-Form and contents.
Every application for a special use permit for a telephone shall be made in writing by the applicant to the director on forms provided by him or her, and accompanied by a filing fee or other fees as set by resolution of the city council. An application shall also include the following information:
A.
Name and address of the applicant;
B.
Name and address of the vendor. For purposes of this chapter, "vendor" means the owner of the specific telephone or telephone equipment in question, and/or pedestal on which such telephone or equipment is located;
C.
Evidence that the applicant is the owner and/or person entitled to occupancy of the lot upon which a telephone is located;
D.
A plot and development plan drawn in sufficient detail as determined by the director to clearly describe the following:
1.
The location and physical dimensions of the lot or lots proposed for such use; and
2.
Location of existing and proposed buildings and structures; and
3.
The use conducted on the buildings and structures located on the lot or lots proposed for such use; and
4.
The distance from the proposed lot lines to the nearest adjacent buildings or structures; and
5.
The location or proposed location of the telephone on the lot or lots proposed for use.
(Ord. 1066; Ord. 1214 § 16, 2016)
§ 17.72.040 Special use permit-Issuance conditions.
The director shall issue a special use permit for a telephone provided the following regulations are complied with:
A.
That the area in which a telephone is located shall be fully lit, to provide adequate security lighting, as approved by the police chief; and
B.
That the vendor, as well as owner and/or person entitled to occupancy of the lot upon which a telephone is located, shall be responsible to insure that the telephone is maintained, at all times, in good working order and condition and in compliance with the provisions of this chapter; and
C.
That the vendor, as well as owner and/or person entitled to occupancy of the lot upon which a telephone is located shall remove from the telephone and the areas immediately surrounding the telephone, any graffiti which is placed thereon, within 48 hours following notification of such placement to vendor, or owner and/or person entitled to occupancy of the lot upon which a telephone is located; and
D.
That one sign, not exceeding four square feet sign face area shall be permitted to be located upon each lot where a telephone is located; and that the purpose of such a sign shall be to advise by words, letter or symbols of the fact that a telephone is located on the premises; and
E.
That each telephone located in the city which is inoperative as of the effective date of the ordinance codified in this chapter, shall be rendered operative or removed forthwith; and
F.
That the vendor shall arrange with the appropriate telephone utility to block all incoming calls to the telephone; and
G.
That no telephone shall be located so as to encroach onto the public right-of-way, or located so that any patron utilizing such telephone is required to be in a public right-of-way; and
H.
That all telephones located in commercial-zoned lots which are improved with a motel, hotel or apartment complex, shall be located within an enclosed court of the motel, hotel or complex, where a courtyard exists; and
I.
That any telephone permitted pursuant to this chapter shall be located, wherever possible, so as to be visible by the owner and/or person entitled to occupancy of the lot upon which a telephone is located and/or his or her authorized designee or manager, from the interior of a building located on the lot upon which the telephone is located; and
J.
That the vendor and owner and/or person entitled to occupancy of the lot upon which a telephone is located shall acknowledge and approve all conditions of approval; and
K.
That notwithstanding any other provisions of this code to the contrary, all telephones which are not in compliance with the provisions of this chapter, as of the effective date of the ordinance codified in this chapter, shall be made to comply with the provisions of this chapter within 90 days; and
L.
That all telephones shall be maintained in compliance with all requirements specified in this chapter.
(Ord. 1066)
§ 17.72.050 Appeal.
§ 17.72.060 Revocation.
The director shall submit a request for revocation of a special use permit to the planning commission if the director reasonably believes a violation of any of the terms and conditions set forth in this chapter or conditions of approval imposed upon a permit, has occurred as to conduct of a vendor or permittee under a special use permit and has not been corrected following reasonable notice by the director. A determination on the request for revocation shall be made at a hearing before the planning commission. Not less than five days' written notice of the time and place of the hearing shall be given to the vendor and the owner and/or person entitled to occupancy of the lot on which the telephone is located, and to any person requesting such notice. After such hearing, the planning commission shall revoke the special use permit only if it determines, based upon the director's records and files and any other relevant evidence submitted by any interested person at city council hearing, showing that the telephone is being operated in violation of any of the terms and conditions set forth in this chapter or any conditions of approval imposed upon such special use permit. If the planning commission determines that such violation has occurred, it shall revoke the permit; if it determines no violation occurred; it shall terminate the revocation proceedings forthwith. The decision of the planning commission shall be final and conclusive unless an appeal of the commission's determination is taken in the time and manner set forth in Chapter 2.100 of Title 2 of this code.
(Ord. 1066; Ord. 1214 § 18, 2016)