Sec. 13-228.  Scope.

(a)       Except as otherwise provided in this article, a wireless provider shall have the right, as a permitted use not subject to zoning review or approval, to collocate small wireless facilities and install, maintain, modify, operate or replace utility poles along, across, upon, and under the right-of-way so long as such facilities and poles do not obstruct or hinder the usual travel or public safety on such right-of-way or obstruct the legal use of such right-of-way by utilities or the safe operation of their systems or provision of service.


(b)       No person may site, install, mount, maintain, modify, or operate any small wireless facility or component thereof, or similar infrastructure within the city’s public rights-of-way, including collocations on utility poles owned, managed, or operated by the city, without first having filed an application with and received approval from the city. The city’s approval of any application may be denied or withdrawn upon an applicant’s failure to comply with applicable federal and state laws and regulations and this Code, including without limitation, this article.


(c)        All small wireless facilities installed after the date of this article shall be subject to these regulations.


(d)       Small wireless facilities are permitted uses pursuant to this article so long as they comport with all of the provisions of this article and the Act.


(e)       Any new or modified utility pole installed in a right-of-way shall not exceed the greater of (i) five feet in height above the tallest existing utility pole in place as of September 1, 2019, located within five hundred feet of the new utility pole in the same right-of-way or (ii) fifty feet above ground level.  New small wireless facilities in a right-of-way shall not extend more than the greater of (i) fifty feet in height, including antenna, or (ii) more than five feet above an existing utility pole in place as of September 1, 2019, and located within five hundred feet in the same right-of-way.


(f)        Preexisting antennas shall not be required to meet the requirements of this article unless modified as described by this article.


(g)       The following are exempt from this article:


1          FCC licensed amateur (ham) radio facilities;


2.         Satellite earth stations, dishes and/or antennas used for private television reception not exceeding one (1) meter in diameter;


3.         A wireless facility installed upon the declaration of a state of emergency by the federal, state or local government, or a written determination of public necessity by the city; except that such facility must comply with all federal and state requirements.  The wireless facility shall be exempt from the provisions of this article for up to one month after the duration of the state of emergency;


4.         A temporary, commercial wireless facility installed for providing coverage of a special event such as news coverage or sporting event, subject to administrative approval by the city. The wireless facility shall be exempt from the provisions of this article for up to two weeks before and one week after the duration of the special event;


5.         Antennas attached to existing structures (such as commercial buildings, houses or apartments) for Internet purposes and uses, solely for occupants of the building, for which the antennas are attached as long as the height limitations of the zoning district are not exceeded and the antenna design is satisfactory to the city.


(h)       For public safety and welfare considerations, the city discourages wireless providers from placing small wireless facilities on any poles for traffic signals.  Instead, the city encourages wireless providers to place small wireless facilities on street lights or elsewhere in the right-of-way.  The city also encourages wireless providers to place small wireless facilities on structures or buildings outside of the right-of-way rather than placing new poles in the right-of-way.


(i)        The city shall not require an Application, permit or other approval or charge fees or rates where the proposed activities are limited to: (1) routine maintenance of small wireless facilities; (2) replacement of small wireless facilities with small wireless facilities that are substantially similar in weight or windage or the same size or smaller;  or (3) for the installation, placement, maintenance, operation, or replacement of microwireless facilities that are strung on cables between existing utility poles in compliance with the National Electrical Safety Code.  The city may require a permit for work that exceeds original weight or windage or requires the excavation or closing of sidewalks or vehicular lanes within the right-of-way for such activities.



Source:  Ord. No. 5678, § 1, 09-08-2020;