(A) Issuance of permit. If the city determines that the applicant has satisfied the requirements of this chapter, the city may issue a permit.
(B) Permit conditions. The city may impose any reasonable conditions upon the issuance of a permit and the performance of the applicant thereunder in order to protect the public health, safety and welfare, to ensure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, to minimize the disruption and inconvenience to the traveling public, to ensure compliance with local, state, and federal law, and to otherwise efficiently manage use of the right-of-way.
(C) Small wireless facility permit application timeline.
(1) The city will issue or deny a small wireless facility permit within 90 days after the date a permit application is filed if the application includes attaching a small wireless facility to a new pole or wireless support structure or within 60 days if the application only includes attaching small wireless facilities to preexisting structures. The permit is automatically issued if the city does not issue or deny the permit within the applicable timeframe, unless there are exceptional circumstances justifying a delay and the city has provided advance notice of the delay and the reasons for the delay in writing to the permit applicant. Parties can mutually agree in writing to toll or extend the 90-day or 60-day deadline at any time.
(2) The city will provide a written notice of incompleteness to an applicant within ten days of receiving an incomplete small wireless facility permit application. The notice will clearly and specifically delineate all missing documents or information that were publicly required as of the date of the application and reasonably relate to the city’s determination whether the proposed equipment or facility falls within the definition of small wireless facility and whether the proposed deployment satisfied all health, safety, and welfare regulations applicable to the small wireless facility permit request. Upon an applicant’s submittal of additional documents or information in response to a notice of incompleteness, the city will notify the applicant in writing within ten days of any information requested in the initial notice that is still missing. Second or subsequent notices of incompleteness will not request documents or information that were not delineated in the original notice of incompleteness.
(D) Conditions for approval of small wireless facility permits. As established or adopted by the city, approval of a small wireless facility permit may be conditioned on compliance with:
(1) All applicable local, state, and federal laws, including Federal Communications Commission Regulations:
(2) Generally applicable and reasonable health, safety, and welfare regulations consistent with the city's public right-of-way management;
(3) Reasonable accommodations for decorative wireless support structures or signs. The small wireless facility shall have limited exposed cabling and mounting hardware. It shall also match the wireless support structure it is attached to in color and, as close as practical, in material and design;
(4) Any reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in a public right-of-way; and
(5) Accommodations and requirements for ground-mounted equipment. Ground mounted equipment, excluding wireless support structures, associated with the small wireless facility is prohibited unless the applicant can show that ground-mounted equipment is necessary for the operation of the small wireless facility. If ground-mounted equipment is necessary, it shall comply with the provisions of this code and shall also meet the following standards:
(a) Ground-mounted equipment shall be placed below grade unless not technically feasible;
(b) Ground-mounted equipment shall not disrupt traffic or pedestrian circulation and shall
not interfere with vehicle and pedestrian intersection sight lines;
(c) Ground-mounted equipment shall not create a safety hazard;
(d) If placed above grade, ground-mounted equipment shall be separated from the nearest
ground-mounted equipment on the same block face by a minimum of 330 feet unless the equipment is placed underground, or unless waived by the city;
(e) If placed above grade and located adjacent to residential uses, ground-mounted equipment shall be limited to three feet in height and 27 cubic feet in cumulative size;
(f) If placed above grade and 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; and
(g) Ground-mounted equipment shall be designed or screened in a manner to comply with the following requirements:
1. It shall blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities;
2. Landscaping plans for the base of the utility poles and around any ground-mounted equipment must be submitted with the small wireless facility permit application and must be approved by the City Council prior to the issuance of the small wireless facility permit; and
3. Screening plans shall be provided and include a 100% opaque barrier to be constructed and must be approved by the City Council prior to the issuance of the small wireless facility permit.
(E) Small wireless facility permit approval. An approval of a small wireless facility permit under this chapter authorizes the installation, placement, maintenance, or operation of a small wireless facility to provide wireless service on the wireless support structure identified in the application and does not confer authorization to:
(1) Provide any service other than a wireless service; or
(2) Install, place, maintain, or operate a wireline blackhaul facility in the public right-of-way. See division (E)(1).
(Ord. 2004-09, passed 11-23-2004; Ord. 2019-02, passed 1-8-2019)