Prohibition—Types of permit—Right-of-way board.
Columbus City Codes § 910.03
in effect910.03 - Prohibition—Types of permit—Right-of-way board.
A. Unless otherwise permitted pursuant to the Columbus City Codes, 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. Awnings; and
5. Residential purposes, so long as, in the opinion of the director, the such use:
(i) Has received or will receive all other necessary permits, including any under Chapter 903 and 905 Columbus City Codes;
(ii) Is not inconsistent with policy of the city;
(iii) Does not adversely affect the public health, safety or welfare; and
(iv) Does not materially interfere with the other lawful use of the right-of-way.
The director shall adopt regulations controlling and further defining residential purposes and to otherwise implement the determinations to be made under this section. Such regulations shall, among other matters, specify that the owner of facilities that holds title to such facilities solely as a result of a leaseback, defined as the sale or transfer of property by a permittee to another person contemporaneously followed by the leasing of the property to the permittee on a long term basis, that are not operated or controlled by said lessee, and are operated or controlled by the permittee, are not considered to be using, occupying, owing or operating such facilities, for purposes of this chapter, solely as a result of such leaseback.
B. The following types of right-of-way permits are available:
1. General Right-of-Way Permit. Right-of-way permit granted to persons who desire and are granted authority to utilize rights-of-way generally for business purposes including the provision of utility, cable television, communications or other services to the city, its residents and taxpayers; and
2. Special Right-of-Way Permit. Right-of-way permit granted to a person for a specific, limited use of the rights-of-way or a specific portion thereof as further delineated in such permit. A special right-of-way permit 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.
3. Nothing in this chapter should be construed to preclude the city from requiring any person offering any natural gas, electric, 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 nondiscriminatory terms and conditions as are appropriate and as are set forth in the regulations.
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 possesses a valid certification from the Public Utilities Commission of Ohio, including certification pursuant to R.C. 4933.81, et seq., for the services to be provided by the facilities subject to this chapter, unless otherwise shown by clear and convincing evidence. The director shall adopt regulations providing procedures for transfer of right-of-way permits that shall include provisions providing that (i) 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 (ii) 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. There is hereby created a right-of-way board, consisting of the director and the directors of development and trade and utilities. The right-of-way board shall act by majority vote and each of its members may designate an alternate, in writing, to perform such member's duties and obligations in such member's absence. The director shall act as chair of the right-of-way board.
G. The director shall adopt regulations controlling and further defining residential purposes and to otherwise implement the determination to be made under this section. Such regulations shall, among other matters, specify (i) that the owner of facilities that holds title to such facilities solely as a result of a leaseback, defined as the sale or transfer of property by a permittee to another person contemporaneously followed by leasing of the property to the permittee on a long term basis, and are operated or controlled by the permittee, are not considered to be using, occupying, owing or operating such facilities, for purposes of this chapter, solely as a result of such leaseback.
(Ord. 1589-98 § 1 (part).)
Source: City of Columbus, City Codes and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/oh/columbus/codes/code_of_ordinances?nodeId=TIT9STPAPUPRCO_CH910CORI-W_910.03PRYPPEIG-WBOFetched: 10/27/2026