(a) Except as otherwise provided by law, the City shall have the authority to prohibit the use or occupation of the right-of-way by a provider if the right-of-way for which the provider seeks use and occupancy lies within an Historic District.
(b) As a condition for approval for the co-location or installation of small cell facilities and/or wireless support structures in an area of the City designated as an Historic District, the City may:
(1) Require reasonable, technically feasible, and nondiscriminatory design or concealment measures for the small cell facilities and wireless support structures.
(2) Request that a provider comply with the design and aesthetic standards of the Historic District or a residential district, as provided for in the City's design guidelines.
(3) Request that a provider explore the feasibility of using certain camouflage measures to improve the aesthetics of the small cell facilities and wireless support structures in order to minimize the impact to the area aesthetics.
(c) This section may not be construed to limit the City's authority to enforce local codes, administrative rules, or regulations adopted by ordinance, which are applicable to a historic area designated by the State or City and historic preservation zoning regulations consistent with the preservation of local zoning authority under 47 U.S.C. Section 332(c)(7), the requirements for facility modifications under 47 U.S.C. Section 1455(a), or the National Historic Preservation Act of 1966 (54 U.S.C. Section 300101 et seq.), and the regulations adopted to implement those laws.
(Ord. 43-19. Passed 1-26-21.)