(A) Purpose. The purpose of this chapter is to provide policies, and procedures, for the placement of small wireless facilities, which will provide a public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the city, and comply with applicable state, and federal, laws, regulations, and guidelines.
(B) Intent.
(1) In enacting this chapter, the city is establishing uniform standards to address issues presented by small wireless facilities, including, without limitation:
(a) Health, safety, and welfare of citizens;
(b) Limit interference with the use of streets, sidewalks, alleys, parkways, public utilities, public views, certain city corridors, and other public ways and places;
(c) Limit the creation of visual, and physical, obstructions and other conditions that are hazardous to vehicular, and pedestrian, traffic;
(d) Limit interference with the facilities, and operations of facilities, lawfully located in rights-of-way, or public property;
(e) Limit environmental damage, including damage to trees;
(f) Respect the character of the neighborhoods in which facilities are installed by minimization of visual clutter, and preservation of the character and aesthetics of areas in close proximity to small wireless communication facilities;
(g) Facilitate the city’s permitting process to encourage fair, and meaningful, competition;
(h) Encourage collocation of antenna on existing facilities; and
(i) Facilitate deployment of small cell facilities to provide the benefits of advanced wireless services to all citizens, and organizations, throughout the city.
(2) Municipalities recognize the economic, and social, value of data connectivity, and desire to encourage wireless infrastructure investment by providing a fair, and predictable, process for the deployment of small wireless facilities within the public rights-of-way in a manner that is:
(a) Safe;
(b) Compatible with, and complementary to, the provision of services by the municipality, and others lawfully using the rights-of-way; and
(c) Consistent with the aesthetic standards of the municipality.
(C) Zoning and use of rights-of-way by wireless providers.
(1) A wireless provider shall have the right, as a permitted use, not subject to zoning review or approval, to collocate, maintain, modify, operate, and replace small wireless facilities and to install, maintain, modify, and replace poles it owns or manages, or, with the permission of the owner, a third party’s pole, associated with a small wireless facility, along, across, upon, and under the right-of-way.
(2) Small wireless facilities, and associated poles, shall be installed, and maintained, as to not obstruct, or hinder, the usual travel, or public safety, of the right-of-way, or the usage of the right-of-way by utilities.
(3) Therefore, applications to collocate a small wireless facility, or install, or modify, an associated utility pole in the rights-of-way, shall be treated as a permitted use in all districts within the city, but are not exempt from the following local regulations and review.
(4) All wireless facilities not meeting the definition of a small wireless facility shall be subject to applicable local zoning, and development, requirements.
(D) Conflicts with other chapters. This chapter supersedes all chapters, or parts of chapters, adopted prior hereto that are in conflict herewith, to the extent of such conflict.
(E) Conflicts with state and federal laws. In the event that applicable federal, or state, laws or regulations conflict with the requirements of this chapter, the wireless services provider shall comply with the requirements of this chapter to the extent that its provisions are not preempted by, or do not conflict with, applicable federal, or state, laws or regulations.
(Ord. 2019-16, passed 8-26-2019)