A. Public Power Supplier Poles. A public power supplier shall not be required to allow the collocation of small wireless facilities on utility poles owned, operated, or managed by a public power supplier except pursuant to a negotiated pole attachment agreement containing reasonable and nondiscriminatory terms and conditions, including, but not limited to, applicable rates, and the permit, operational, and safety requirements of the public power supplier. The City is a public power supplier.
B. Annual Rate for Collocation on Public Power Supplier Poles. The annual pole attachment rate for the collocation of a small wireless facility supported by or installed on a utility pole owned, operated, or managed by a public power supplier shall be fair, reasonable, nondiscriminatory, cost-based, and set by the board of such public power supplier in accordance with section 70-655.
C. All new antennas, DAS and small wireless facilities in all zoning districts shall be subject to these regulations.
D. A Tower Development Permit and Conditional Use Permit are required if a pole is to be located outside of the right-of-way.
E. New antenna arrays meeting the requirements of §34-81 are permitted outright.
F. DAS and small wireless facilities are permitted uses pursuant to §34-77(L).
G. Antennas attached to distribution poles and street light poles in the public right-of-way shall not extend more than ten (10) feet above the highest point of the pole structure and may be installed: 1) when permitted by the pole owner’s franchise; or 2) by amendment to the pole owner’s franchise or right-of way use easement and consent of the City upon payment of reasonable compensation for use of the right-of-way.
H. Preexisting antennas shall not be required to meet the requirements of this Article unless modified as described by this Article.
I. The following are exempt from this Article:
1. FCC licensed amateur (ham) radio facilities;
2. Satellite earth stations, dishes and/or antennas used for private television reception not exceeding one (1) meter in diameter;
3. A WCF installed upon the declaration of a state of emergency by the federal, state or local government, or a written determination of public necessity by the City; except that such facility must comply with all federal and state requirements. The WCF shall be exempt from the provisions of this Article for up to one month after the duration of the state of emergency;
4. A temporary, commercial WCF installed for providing coverage of a special event such as news coverage or sporting event, subject to administrative approval by the City. The WCF shall be exempt from the provisions of this Article for up to two weeks before and one week after the duration of the special event;
5. Other temporary, commercial WCFs installed for a period of up to ninety (90) days, subject to the City’s discretion; provided that such temporary WCF will comply with applicable setbacks and height requirements;
6. Antennas attached to existing structures (such as commercial buildings, houses or apartments) for Internet purposes and uses, solely for occupants of the building, for which the antennas are attached as long as the height limitations of the zoning district are not exceeded and the antenna design is satisfactory to the City; and
7. Routine maintenance and repair of antennas and replacement of antennas so long as the replacement antennas are of similar design, size, type, height, weight and color. Applicable building permits may be required for antenna replacement.
J. Pole-Mounted Equipment. All pole-mounted transmission equipment shall be mounted as close as technically possible to the pole so as to reduce the overall visual profile to the maximum extent feasible subject to applicable safety codes.
K. License or Agreement. For all WCFs to be located within the right-of-way, prior to submitting for a permit, the applicant must have a valid municipal agreement, license, franchise or exemption otherwise granted by applicable law. Prior to the installation or construction of a WCF within the right-of-way or a utility easement, the registrant or provider must notify all utilities located within such right-of-way regarding the use of the right-of-way or easement.
L. Subject to the other requirements of this Article, Distributed Antenna Systems and small cells in the right-of-way are subject to approval via permits and administrative review by the City Administrator for use outside of the right-of-way and the Public Works Department for use inside of the right-of-way unless their installation requires the construction of a new pole exceeding the maximum height limitation of the underlying zoning district. A permit is required for replacement utility support structures.
M. Use of Street Lights. For public safety and welfare considerations, the City strongly discourages wireless providers from placing small wireless facilities on any poles (street light, traffic signal or otherwise) located at an intersection having traffic control signals. Instead, the City encourages wireless providers to place small wireless facilities on street lights elsewhere in the right-of-way. The City also encourages wireless providers to place small wireless facilities on structures or buildings outside of the right-of-way rather than placing new poles in the right-of-way.
N. For public safety and welfare reasons, the City will not allow the placement of small wireless facilities on electric transmission poles. However, small wireless facilities may be placed on distribution poles subject to the other requirements of this Article.