A. Maximum Size of Permitted Use. Small wireless facilities, and new or modified utility poles for the collocation of small wireless facilities, may be placed in the rights-of-way as a permitted use contingent upon the approval of an application by the City and subject to the following requirements:
1. A new, replacement or modified utility pole associated with the collocation of a small wireless facility and installed in the right-of-way is not subject to zoning review and approval, except for that which pertains to the under-grounding prohibitions described in the New Mexico Wireless Consumer Advanced Infrastructure Investment Act, unless the utility pole, as measured from the ground level, is higher than whichever of the following is greater: ten (10) feet plus the height in feet of the tallest existing utility pole, other than a utility pole supporting only one or more wireless facilities that is in place on September 1, 2018, located within five hundred (500) feet of the new, replacement or modified utility pole, in the same right-of-way and within the jurisdictional boundary of the City, and fifty (50) or fewer feet above ground level or fifty (50) feet.
2. New small wireless facilities in the rights-of-way may not extend:
a. More than ten (10) feet above an existing utility pole in the rights-of-way in place as of the effective date of this Chapter; or
b. More than ten (10) feet above the height for a new utility pole.
3. A small wireless facility collocated on a utility pole or wireless support structure that extends ten (10) or fewer feet above the pole or structure in a right-of-way in any zone is classified as a permitted use and is not subject to zoning review or approval.
B. Building Permits and Zoning. Any application for small wireless facilities to be located on new or replacement poles in public rights-of-way or on existing towers are exempt from zoning review and shall be subject only to applicable building permit requirements. Any application that seeks to install, modify, operate or replace a utility pole in the rights-of-way that exceeds the height or size limits contained in this Chapter, or is to be located on a building or support structure other than an existing utility pole or tower, shall be subject to applicable building permit and zoning requirements.
C. Decorative Poles. A wireless provider shall be permitted to replace a decorative pole when necessary to collocate a small wireless facility, but any replacement pole shall reasonably conform to the design aesthetics of the decorative pole being replaced and shall be subject to local approval, which shall not be unreasonably denied.
D. Underground District. In areas designated solely for underground or buried cable and utility facilities, the wireless provider may seek a waiver of the undergrounding requirements for the placement of a new utility pole to support small wireless facilities. Such waiver shall not be denied unless the proposed pole does not meet applicable aesthetic standards for the Gallup Commercial Historic District.
E. Historic and Design Districts. The City may require as they pertain to small wireless facilities located in design districts or historic districts reasonable, technically feasible, non-discriminatory and technologically neutral design or concealment measures and reasonable measures for conforming to the design aesthetics of design districts or historic districts. Any such measures may not have the effect of prohibiting a wireless provider’s technology. (Ord. C2021-5, 8-24-2021)