(A) A wireless provider may collocate small wireless facilities and install, maintain, modify, and replace the wireless provider’s own utility poles or, with the permission of the owner, a third party’s utility pole, in, along, across, upon, and under the right-of-way in any zone, or outside of the right-of-way on property not zoned exclusively for single-family residential use, as long as the following conditions are met:
(1) The wireless provider receives all necessary permits as required by this subchapter;
(2) The wireless provider pays all necessary fees and rates as required by this subchapter;
(3) The structures and facilities are installed and maintained so as not to obstruct or hinder the usual travel or public safety on the right-of-way or to obstruct the legal use of the right-of-way by the city or other utilities;
(4) Each new or modified utility pole does not exceed the greater of ten feet above the tallest existing utility pole in place as of March 5, 2019, within 500 feet of the new pole, or fifty feet above ground level;
(5) New small wireless facilities may not extend more than ten feet above an existing utility pole in place as of March 5, 2019; or if collocating a new utility pole, above the height permitted for a new utility pole as described in division (A)(4) of this section.
(6) The structures and facilities comply with the reasonable, written design guidelines created by the city, as enumerated in § 152.262;
(7) If replacement of decorative poles is necessary to collocate a small wireless facility, such replacement shall reasonably conform to the design aesthetics of the decorative poles being replaced;
(8) If located in a historic district, as defined herein, the structures and facilities follow applicable design and concealment measures to protect the nature of the historic district;
(9) The area has not been designated solely for underground communications and electrical lines, provided that:
(a) The city required all such lines to be placed underground by a date certain that is at least three months prior to submission of the permit application;
(b) The utility poles that the city allows to remain shall be made available for the collocation of small wireless facilities and may be replaced by a wireless provider to accommodate the collocation of small wireless facilities;
(c) A wireless provider may install a new utility pole in the designated area when unable to provide wireless service by collocating on a remaining structure; and
(d) If the small wireless facilities are installed before the city adopts requirements that communications and electric lines be placed underground, the wireless provider may:
1. Maintain the small wireless facilities in place, subject to any applicable pole attachment agreement with the utility pole owner; or
2. Replace the associated utility pole within 50 feet of the prior location, subject to the permission of the utility pole owner; and
(10) The structures and facilities are compliant with any other applicable local ordinance or state or federal law.
(B) Any wireless facility or utility pole that does not meet the above requirements is not a permitted use.
(Ord. 301, passed 8-18-2022) Penalty, see § 152.999