Unless otherwise approved by the city in order to prevent an effective prohibition of service in accordance with federal regulations, as applicable, no person shall locate or maintain a new facility, pole, tower, or support structure, except in accordance with the following design standards:
(A) All facilities shall be located and designed so as to minimize visual impact on surrounding properties and from public right-of-way.
(B) All new or replacement poles, towers, or support structures placed in the right-of-way shall be the same color, shape, material, and general height as those existing poles or towers adjacent to the location of the new or replacement pole, tower, or support structure.
(C) All coaxial, fiber-optic, or other cabling and wires shall be contained inside any new or replacement tower, pole, or other support structure to the extent technically and commercially feasible. On existing poles or support structures, or new wooden poles, where it is impossible or infeasible to place wiring inside the pole or support structure, all coaxial, fiber-optic, or other cabling and wires shall be flush-mounted and covered with a metal, plastic, or similar material, which, to the extent feasible, shall match the color of the pole or support structure. All coaxial, fiber-optic, or other cabling and wires shall be contained inside any new tower or pole placed in the right-of-way to the extent technically and commercially feasible.
(D) No tower shall be placed in the right-of-way within two hundred fifty (250) feet on the same street of an existing tower. Replacing an existing tower with a tower, or a lighted pole with another lighted pole housing wireless facilities, in the same location shall not violate this provision.
(E) All new towers and poles should be located on the same side of the street as existing towers, poles, or support structures. However, this does not preclude an applicant from locating its wireless facilities on existing lighted poles under a decommissioning agreement in which the applicant takes ownership of the lighted pole.
(F) The centerline of any new pole or tower shall be aligned with the centerline of adjacent poles or trees unless the new structure's height conflicts with overhead power utility lines. Replacing an existing pole, support structure, or tower with another pole, support structure, or tower in the same location shall not violate this provision.
(G) All new poles, towers, or facilities proposed to be fronting a dwelling shall be placed on property lines, unless it would obstruct sight distance at driveways or other accesses to roadways. In those instances where placement of a new pole or tower, or facilities on the property line would obstruct sight distance, the pole or tower, or facilities shall be placed in such a location as to prevent the obstruction of sight distance at driveways or other accesses to roadways. Replacing an existing pole, support structure, tower or facility with a pole, support structure, tower, or facility in the same location shall not violate this provision.
(H) New poles, towers, or facilities shall not be placed in front of store front windows, walkways, entrances or exits, or in such a way that would impede deliveries. Replacing an existing pole, support structure, tower, or facility with a pole, support structure, tower, or facility in the same location shall not violate this provision.
(I) No new poles or towers shall be placed in front of driveways, entrances, or walkways. Replacing an existing pole, support structure, or tower with a pole, support structure, or tower in the same location shall not violate this provision.
(J) No applicant shall locate or maintain a pole, support structure, tower, or equipment associated with a wireless facility, as to interfere with the health of a tree.
(K) In areas where the undergrounding of utilities has occurred, but lighted poles are present, the applicant shall locate its wireless facilities on existing lighted poles or seek to decommission the lighted pole to replace it with a lighted pole to house its wireless facilities. However, an applicant must consider the aesthetics of the existing utilities and neighborhoods adjacent to a proposed wireless facility location prior to submitting an application. Applicants shall consider and make best efforts to match existing, adjacent streetscape character. Also, when a wireless facility is proposed to be installed within Downtown Elsmere, the applicant must consider and propose infrastructure that most closely matches adjacent themed infrastructure to the maximum extent feasible. The characteristics of unique assemblies may include mast aims, decorative pole bases, architectural luminaires, mounting heights, pole colors, etc.
(L) If the applicant elects to decommission an existing lighted pole in order to install a wireless facility in its location, the applicant shall comply with this chapter, including these aesthetic standards, and any decommissioning agreement between the applicant, the City of Elsmere, and Kentucky Utilities, or its equivalent.
(M) In those locations where the undergrounding of utilities has occurred, all new facilities shall be placed underground.
(N) No equipment associated with any facility shall impede, obstruct, or hinder ADA access, or pedestrian or vehicular access, or block driveways, entrances, or walkways. The installation of new ground furniture is prohibited.
(O) To protect the health and safety of the public from the harms of noise pollution, all facilities shall have a low noise profile.
(P) Within twenty-one (21) calendar days from the date the operator receives notice thereof, operator shall remove all graffiti on any of its facilities located in the right-of-way.
(Q) All facilities, poles, towers, and support structures shall comply with such additional design standards as may be set forth in any written policies or guidelines issued by the city.
(R) All poles, towers, support structures, and other lines and equipment installed or erected by registrant under this chapter shall be located so as to minimize any interference with the proper use of the right-of-way with the rights and reasonable convenience of property owners whose property adjoins or abuts any affected right-of-way. Subject to applicable codes, overhead drops shall be as close as possible to other utility drops in order to concentrate the drops in as small an area as possible to minimize visual clutter and interference with the use of private property.
(S) In areas already served by overhead utilities within an alley, wireless facilities must also be located in the alley. No wireless facilities will be permitted in front of residential properties if the area does not currently have overhead utilities or streetlights along the right-of-way frontage. Relief from this requirement will require a written statement from the utility owning the existing poles within the alley that said poles will not accommodate the proposed facilities.
(Ord. 1818-2022, passed 9-13-22)