(A) Purpose. The purpose of this subchapter is to establish policies and procedures for constructing small cell facilities in the city’s rights-of-way, which will provide public benefit consistent with the preservation of the integrity, safe usage and visual qualities of the city’s rights-of-way and the city as a whole.
(B) Intent. In enacting this subchapter, the city intends to exercise its authority over small cell facilities located in the rights-of-way by establishing uniform standards to address potential issues, including without limitation:
(1) Prevent interference with the use of rights-of-way and other public places;
(2) Prevent the creation of visual and physical obstructions and other conditions hazardous to vehicular and pedestrian traffic;
(3) Prevent interference with the facilities and operations of facilities lawfully located in rights-of-way or on public property at the time a permit is granted;
(4) Protect against environmental damage, including damage to trees;
(5) Preserve neighborhood character where facilities are installed; and
(6) Facilitate rapid deployment of small cell facilities.
(C) Zoning. Applications to construct, modify or replace a small cell facility shall be treated as a permitted use exempt from local zoning review.
(D) Conflicts with other chapters. This subchapter supersedes all prior chapters or parts of chapters adopted, to the extent of such conflict.
(E) Conflicts with state and federal laws. In the event that applicable federal or state laws or regulations conflict with the requirements of this subchapter, the small cell facility operator must comply with the requirements of this subchapter, to the maximum extent possible without violating federal or state laws and regulations.
(Ord. 2017-22, passed 8-22-17)