(a) Except as provided in division (b) of this section or except as otherwise imposed by the Director of Public Service or his designee, the overall height of any new structures or facilities within the public right-of-way, including any collocated antennas, shall not exceed the maximum permitted height for building construction in the underlying zoning district.
(b) For a wireless support structure used by an operator, as defined by Section 1026.01(o), the overall height of the wireless support structure and any collocated antennas shall not be more than forty feet in height above ground level, except that the permissible height of small cell facilities may not exceed thirty-five feet in areas that meet the following criteria:
(1) The area is within 300 feet of the proposed site for a new wireless support structure in the same public right-of-way or a connection public right-of-way, and there are no wireless support structures or utility poles taller than thirty feet in height above ground level; or
(2) The maximum allowable height for building construction in the underlying zoning district is thirty-five feet in height above ground level or less.
(c) For an existing wireless support structure, the antenna and any associated shroud or concealment material are permitted to be collocated at the top of the existing wireless support structure and shall not increase the height of the existing wireless support structure by more than five feet.
(d) If the proposed structure or facility is located in an area that does not have any above-ground electrical distribution lines, then all public utilities, wireless service providers, cable operators, or video service providers, including the FairlawnGig municipal broadband utility, shall be required to place all such new facilities or structures underground. Notwithstanding this requirement, an operator may seek a waiver of this underground requirement for the placement of a new wireless support structure to support small cell facilities if the operator is unable to achieve its service objective using a small cell facility from one or more of the following alternative locations:
(1) From a location in the public right-of-way where the prohibition does not apply;
(2) In a utility easement the operator has the right to access; or
(3) In or on another suitable locations or structures made available by the City at reasonable rates, fees, and terms.
The Director of Public Service or his designee shall hear and process waiver requests under this division (d) in a reasonable and non-discriminatory manner that does not have the effect of prohibiting the provision of wireless service in the City.
(e) If requested by the City, in order to accomplish construction and maintenance activities directly related to improvements for the health, safety, and welfare of the public, an operator or other right-of-way permittee shall relocate or adjust its facilities within the public right-of-way at no cost to the City. Such relocation or adjustment shall be completed in accordance with the requirement of this chapter and other applicable laws and regulations.
(Ord. 2016-080. Passed 10-17-16; Ord. 2018-029A. Passed 7-16-18.)