(A) Purpose.
(1) The city desires high quality wireless communication services to accommodate the needs of residents and businesses. At the same time, the city strives to minimize the negative impacts that wireless telecommunication facilities can have on aesthetics and public safety. Due to the many services that must be delivered within its limited area, the city also strives to avoid unnecessary encumbrances within the public right-of-way. The city allows and regulates wireless telecommunication facilities outside of the public right-of-way through performance standards and height limits. The purpose of this section is to regulate wireless telecommunication facilities within the public right-of-way in a manner that balances desire for service with aesthetic, public safety, and right-of-way flexibility concerns.
(2) Public rights-of-way are appropriate locations for wireless telecommunication facilities that present minimal impacts (for example, small pole attachments that do not require new poles, do not require pole extensions, and do not have associated ground-mounted equipment). Wireless telecommunication facilities that require greater heights than can be afforded by existing poles in the public right-of-way, and that require ground-mounted equipment, are more appropriately sited outside the public right-of-way in accordance with adopted performance standards (§ 71.17(F)). However, the city recognizes that as wireless technology advances, some residential areas of the city may be hard to serve with wireless technology due to the lack of siting alternatives in the immediate vicinity. In the areas where no alternative non-right-of-way locations are available, wireless telecommunication facilities that require pole extensions and ground equipment will be allowed in the public right-of-way subject to the requirements of this section which are meant to protect the public health, safety, and welfare.
(B) Wireless telecommunication facilities as pole attachments. Wireless that complies with the following requirements may be attached to existing public utility structures within the right-of-way after issuance of a pole attachment permit:
(1) The wireless telecommunication facility shall not extend above the top of the existing public utility structure, and the height of the existing public utility structure shall not be increased to accommodate the wireless telecommunication facility;
(2) If the public utility structure must be replaced to structurally accommodate the wireless telecommunication facility, the replacement public utility structure height shall not exceed the existing public utility structure height, and the replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50%;
(3) The wireless telecommunication facility shall not be larger than three cubic feet, and shall have no individual surface larger than four square feet;
(4) The wireless telecommunication facility shall not extend outward from the existing pole or tower, or arm thereof, by more than two and one-half feet, except that an antenna one-half inch in diameter or less may extend an additional six inches;
(5) The wireless telecommunication facility shall include no ground-mounted equipment within the planned widened rights-of-way;
(6) The wireless telecommunication facility shall not interfere with public safety communications;
(7) Wireless telecommunication facilities in the right-of-way shall be removed and relocated at city request subject to the provisions of this chapter; and
(8) The wireless telecommunication facility shall not block light emanating from the public utility structure, and shall not otherwise interfere with the original use of the public utility structure.
(C) Wireless telecommunication facilities as pole extensions or with ground-mounted equipment. Wireless that require increased public utility structure height, or that have ground-mounted equipment, may be erected in the public right-of-way only when in compliance with the following provisions, and after issuance of a pole attachment permit or excavation permit:
(1) The applicant shall demonstrate to the satisfaction of the Planner or designee that the wireless telecommunication facility cannot be placed in a code-complying location outside the right-of-way within one-quarter mile of the proposed location;
(2) The replacement public utility structure, including lightning rods and all other attachments, shall not exceed the height of the existing public utility structure by more than 15 feet. Once the height of a public utility structure has been increased under the provisions of this section, the height shall not be further increased;
(3) The replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50%;
(4) The wireless telecommunication facility shall not extend outward from the public utility structure by more than two feet;
(5) If feasible and desirable, as determined by the Planner or designee, the replacement public utility structure shall match the original and surrounding public utility structures in materials and color;
(6) The wireless telecommunication facility shall not interfere with public safety communications;
(7) A pole attachment or excavation permit for a wireless telecommunication facility that has ground-mounted equipment will be issued only if the issuing authority finds the following:
(a) The ground-mounted equipment will not disrupt traffic or pedestrian circulation;
(b) The ground-mounted equipment will not create a safety hazard;
(c) The location of the ground-mounted equipment minimizes impacts on adjacent property; and
(d) The ground-mounted equipment will not adversely impact the health, safety, or welfare of the community.
(8) Ground-mounted equipment associated with the wireless telecommunication facility shall meet the following performance standards:
(a) Be set back a minimum of ten feet from the planned widened rights-of-way;
(b) Be separated from a sidewalk by a minimum of three feet;
(c) Be set back a minimum of 50 feet from the nearest intersecting right-of-way line;
(d) Be separated from the nearest ground-mounted wireless telecommunication equipment installation on the same block face by a minimum of 330 feet unless the equipment is placed underground;
(e) If located adjacent to residential uses, ground-mounted equipment shall be limited to three feet in height above grade and 27 cubic feet in cumulative size;
(f) If located adjacent to non-residential uses, ground-mounted equipment shall be limited to five feet in height above grade and 81 cubic feet in cumulative size;
(g) Ground-mounted equipment located outside the planned widened public right-of-way; and
(h) Vegetative or other screening compatible with the surrounding area shall be provided around the ground-mounted equipment if deemed necessary by the Planner or designee.
(9) Wireless telecommunication facilities in the right-of-way shall be removed and relocated at city request subject to the provisions of this chapter.
(D) New poles. The erection in the right-of-way of a new pole to support wireless telecommunication facilities is not allowed, except as a replacement of an existing public utility structure subject to the requirements of this section.
(E) Charges. In addition to the permit fees in an amount as set by Council from time to time, the city reserves the right to charge telecommunication providers for their use of the public right-of-way to the extent that the charges are allowed under state law. Telecommunication providers shall be responsible for payment of property taxes attributable to his or her equipment in the public right-of-way.
(Ord. 277, passed 11-13-2017)