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§ 5-10-6 SMALL WIRELESS FACILITIES IN THE ROW; MAXIMUM HEIGHT; OTHER REQUIREMENTS.
   (A)   Maximum Size. Small wireless facilities and new or modified utility poles for the collocation of small wireless facilities may be placed in the rights-of-way pursuant to this article subject to the following requirements:
      (1)   Each new or modified utility pole installed in the rights-of-way shall not exceed the greater of:
         (a)   Ten percent in height above any existing utility pole in the rights-of-way in place as of the effective date of this article located within 500 feet of the new pole in the same rights-of-way; or
         (b)   Fifty feet above ground level.
      (2)   New small wireless facilities in the rights-of-way may not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater:
   (B)   Zoning. Any wireless provider that seeks to install, modify, operate or replace a utility pole in the rights-of-way that exceeds the height or size limits contained in this section, shall be subject to any applicable zoning requirements.
   (C)   Decorative Poles. A wireless provider shall be permitted to replace a decorative pole when necessary to collocate a small wireless facility, but only where the replacement pole conforms to the design aesthetics of the decorative pole being replaced and any other design applicable design requirements for the area.
   (D)   Underground District. The city may deny a request to install, replace or modify a utility pole in areas requiring underground utilities. The wireless provider is permitted to seek a waiver of the undergrounding requirements for the placement of a new utility pole to support small wireless facilities. Notwithstanding anything contained in this paragraph to the contrary, any city requirement that all wireless facilities be deployed underground would amount to an effective prohibition given the propagation characteristics of wireless signals.
   (E)   Historic and Design Districts. The city may require reasonable, technically feasible, non-discriminatory and technologically neutral design or concealment measures and reasonable measures for conforming to the design aesthetics of a design district or Historic District. Any such design or concealment measures may not have the effect of prohibiting any provider's technology; nor may any such measure be considered part of the small wireless facility for purpose of the size restrictions in the definition of small wireless facility.