(A) Terms and conditions for collocation on city utility poles.
(1) The city shall not enter into an exclusive arrangement with any person for the right to attach equipment to city utility poles. The city reserves the right to enter into agreements for collocation on city utility poles in its discretion.
(2) Reservation of space on city utility poles. The city reserves the top one-third of the useable space of the vertical pole component of all city utility poles in the public rights-of-way for future public safety uses. The City Manager may waive the reservation of space on city utility poles. The city may reserve additional space on city utility poles for future public safety uses. However, a reservation of space may not preclude collocation of a small wireless facility. If replacement of the city utility pole is necessary to accommodate the collocation of the small wireless facility and the future public safety use, the pole replacement is subject to make-ready provisions and the replaced pole shall accommodate the future public safety use. The replaced pole shall continue to be owned by the city.
(3) The rate to collocate a small wireless facility on a city utility pole shall be $150 per pole annually, or the highest rate authorized by applicable law. This amount shall not be deducted from any fees or taxes that may be due to the city. The fee shall be paid upon the city's issuance of a permit to collocate a small wireless facility on a city utility pole and annually thereafter on October 1.
(4) Agreements between the city and wireless providers that were in effect on July 1, 2017, and that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on city utility poles, remain in effect, subject to applicable termination provisions. The wireless provider may accept the rates, fees, and terms established under this chapter for small wireless facilities and utility poles that are the subject of an application submitted after the rates, fees, and terms become effective.
(5) For a city utility pole that supports an aerial facility used to provide communications services or electric service, the parties shall comply with the process for make-ready work under 47 U.S.C. § 224 and implementing regulations. The good faith estimate of the city for any make-ready work necessary to enable the pole to support the requested collocation must include pole replacement if necessary.
(6) For a city utility pole that does not support an aerial facility used to provide communications services or electric service, the city shall provide a good faith estimate for any make-ready work necessary to enable the pole to support the requested collocation, including necessary pole replacement, within 60 days after receipt of a complete application. Make-ready work, including any pole replacement, must be completed within 60 days after written acceptance of the good faith estimate by the applicant. Alternatively, the city may require the applicant seeking to collocate a small wireless facility to provide a make-ready estimate at the applicant's expense for the work necessary to support the small wireless facility, including pole replacement, and perform the make-ready work. If pole replacement is required, the scope of the make-ready estimate is limited to the design, fabrication, and installation of a utility pole that is substantially similar in color and composition. The city may not condition or restrict the manner in which the applicant obtains, develops, or provides the estimate or conducts the make-ready work subject to usual construction restoration standards for work in the right-of-way. The replaced or altered utility pole shall accommodate the city's equipment and intended function and shall remain the property of the city, subject to the city's acceptance of the replaced or altered pole that complies with these requirements.
(7) The city may not require more make-ready work than is required to meet applicable codes or industry standards. Fees for make-ready work may not include costs related to preexisting damage or prior noncompliance. Fees for make-ready work, including any pole replacement, may not exceed actual costs or the amount charged to communications services providers other than wireless services providers for similar work and may not include any consultant fee or expense.
(8) A collocation of a small wireless facility on a city utility pole shall comply with all applicable codes and this Code, and shall not compromise the city utility pole's finish, functionality, or structural integrity particularly with respect to vulnerability to high velocity wind conditions.
(9) A collocation of a small wireless facility on a city utility pole shall not affect the city's ability to remove or to replace the pole in its sole discretion. A city utility pole that has been partially removed or has been designated to be removed by the city shall not be available for collocation or repurpose for collocation. Within 30 days after receiving notification that the city intends to remove or to replace the utility pole, the registrant shall remove its collocated small wireless facility at its cost. The city may extend this time period. In the interest of public safety and safety of city employees, a city structure in the public rights-of-way used to support an avian structure or facility shall not be available for collocation or repurpose or replacement for collocation. A city building or city utility pole extending from a building in the public rights-of-way shall not be available for collocation, or repurpose or replacement for collocation.
(B) Location context and public safety regulations. A proposed communications facility shall comply with the following location context requirements unless waived by the city. In conjunction with granting such waiver, the city may require conditions on the permit approving such facility.
(1) A registrant shall comply with and abide by all applicable provisions of the state law and city ordinances, applicable codes and regulations, quasi-judicially approved conditions for approvals, settlement agreements, applicable contracts, applicable court orders, and applicable provisions of federal statutes, FCC regulations and PSC regulations in placing or maintaining a communications facility in the public rights-of-way. Wireless facilities shall be considered to be structures under the Florida Building Code, Building Risk Category IV, Structures, Chapter 16 Section 1620 - 1621, High Velocity Hurricane Zone Area.
(2) All communications facilities shall be placed and maintained so as not to interfere with, create any safety hazard, or create a visual obstruction to the traveling public's the use of the public rights-of-way or the use of bicycle lanes or multipurpose trails. To avoid such visual obstructions, utility poles for collocation of small wireless facilities or ground mounted small wireless facilities shall not be located within traffic circles.
(3) For public safety purposes, aboveground communications facilities, including but not limited to, small wireless facilities, micro wireless facilities and utility poles for collocation of small wireless facilities, shall not be placed or maintained on multipurpose trails.
(4) Communications facilities shall be placed between the property line and the curb line of a street and shall not be located within a clear zone.
(5) All communications facilities shall be placed and maintained so as not to cause unreasonable interference with the rights, accessibility and safety of property owners who abut any of the public rights-of-way. By way of example, the placement or maintenance of a communications facility in the public rights-of-way shall not cause excessive noise or light levels in violation of the City Code, based upon the use occupancy category of the adjacent property, shall not impede ingress and egress to adjacent property, materially block views from or into a business or residence, or materially block visibility of address or other signage on abutting properties.
(6) A registrant shall not place or maintain its communications facilities to interfere, displace, damage or destroy any facilities, including but not limited to the city drainage plan, sewers, ponds, gas or water mains, storm drains, pipes, cables or conduits of the city or any other person's facilities or utilities lawfully occupying the public rights-of-way of the city, unless waived by the city.
(7) The city may prohibit or limit the placement of new or additional communications facilities within the public rights-of-way if there is insufficient space to accommodate all of the requests to place and maintain facilities and utilities in the proposed location of the public rights-of-way, to safely accommodate additional installations at any location, for the protection of existing facilities and utilities in the public rights-of-way, or to accommodate city plans for public improvements, other approved capital improvements projects as part of the City Comprehensive Plan, the city's smart technology or projects the city determines are in the public interest.
(8) Facilities to be installed underground.
(a) All facilities shall be subject to the city's non-discriminatory undergrounding requirements that prohibit above-ground structures and utilities in the public rights-of-way, unless otherwise provided herein.
(b) Unless waived by the city, or as otherwise provided herein, all new communications facilities shall be placed underground, to the extent that new utilities other than fire hydrants are required to be located underground, including new electric and communications utilities in accordance with the City Code. In addition, to the extent required by applicable PSC rules and regulations, applicable codes, restrictive covenants, quasi-judicially approved conditions of a development, planned unit development, Regional Activity Zones, Community Redevelopment Areas, community development district, or court order, a registrant shall install its facilities underground. Additionally, a registrant shall endeavor to place all new facilities underground unless prevented from doing so by existing technology or by the physical characteristics of the installation location.
(c) A registrant shall not place or maintain utility poles for the collocation of small wireless facilities or small wireless facilities in a location in the public rights-of-way where there are no existing electric or communications utility poles and where new electric and communications utilities are required to be installed underground to the extent not inconsistent with applicable law, except as otherwise provided herein.
(d) New proposed wireline fiber or coaxial backhaul facilities for small wireless facilities shall be installed underground consistent with applicable codes and the City Code, unless waived by the city.
(e) For purposes of this subsection, unless inconsistent with applicable law, adoption of a final resolution by the City Commission shall constitute an undergrounding requirement over any area of the public rights-of-way. This subsection does not apply to the installation, placement, maintenance, or replacement of micro wireless facilities on any existing and duly authorized aerial communications facilities, provided that if the city notifies the registrant of the micro wireless facility that aerial communications or electric distribution utilities will be converted to underground utilities, the registrant shall remove its micro wireless facility at its expense within the time frame required by the city.
(f) Conversion of overhead utilities to underground. No utility poles for the collocation of small wireless facilities, micro wireless facilities, or small wireless facilities collocated on utility poles shall be placed in a location in the public rights-of-way where the City Commission has determined that existing above ground electric and communications utilities should be removed and relocated underground, except as otherwise provided herein. The presence of small wireless facilities or micro wireless facilities shall not be a basis not to comply with the city's requirements to convert above ground utilities to underground. To comply with the city's undergrounding requirements, a registrant shall remove its small wireless facilities, micro wireless facilities, and utility poles for collocation of small wireless facilities at its expense within 60 days of being notified by the city that such facilities must be removed. The city shall have the right to remove such facilities at the registrant's expense if the registrant fails to do so. For small wireless facilities installed before the city adopts requirements that public utility lines must be placed underground, the city shall: (a) allow a wireless provider to maintain the small wireless facility in place subject to any applicable pole attachment agreement with the pole owner; or, in the city's discretion, (b) allow the wireless provider to replace the associated pole within 50 feet of the prior location in accordance with the objective design standards contained within this chapter.
(g) Notwithstanding the provisions of this subsection, the city may approve a permit for a new utility pole for collocation of a small wireless facility and a permit for a small wireless facility in an area where all public utility lines must be placed underground, if a wireless provider satisfies the following:
(1) The wireless provider provides information from a licensed engineer that the city has not allowed structures to remain above ground that are reasonably available to the wireless provider for the collocation of small wireless facility and that may be replaced by a wireless provider to accommodate the collocation of small wireless facilities;
(2) The proposed utility pole otherwise complies with this chapter including the objective design standards; and
(3) The wireless provider provides information acceptable to the city from a licensed engineer that it is not reasonably able to provide wireless service by collocation on a remaining utility pole or other structure in the rights-of-way.
(h) Prohibition against placement in violation of OSHA or NESC or NERC rules and regulations. Communications facilities, including but not limited to small wireless facilities and utility poles for the collocation of small wireless facilities shall not be placed in a location which violates rules and regulations set by Occupational Safety and Health Administration or the National Electrical Safety Code or the North American Electric Reliability Corporation standards. By way of example and not limitation, if required by such rules and regulations, a small wireless facility or utility pole intended to support the collocation of a small wireless facility may not be placed within a ten foot radius of an electric distribution facility or within a 20 foot radius of an electric transmission line.
(i) Marine lighting to protect nesting turtles. In applicable areas of the city, registrants installing small wireless facilities or utility poles for collocation of small wireless facilities shall comply with applicable requirements of the city's Marine Lighting Ordinance, Chapter 108 of the City Code, to reduce the impacts of artificial coastal lighting on nesting marine turtles or hatchlings.
(9) Prohibition against placement within a location subject to homeowners' association restrictions. Small wireless facilities shall not be place in a location subject to covenants, restrictions, articles of incorporation, or bylaws of a homeowners' association unless specifically authorized by the homeowners' association. For purposes of this subsection, to the extent not inconsistent with applicable law, a location in a public right-of-way that abuts parcels within a homeowners' association on both sides of its width shall be considered a location subject to covenants, restrictions, articles of incorporation, or bylaws of such homeowners' association. This subsection shall not apply to limit the installation, placement, maintenance, or replacement of micro wireless facilities on any existing and duly authorized aerial communications facility.
(10) Placement in relation to adjacent uses of property and building facades thereon. So as not to interfere with sight lines or clear zones, or violate the 2017 FDOT UAM, where parking and/or loading spaces are not permitted between a building facade and the corresponding property line (i.e., front facade and front property line, side street facade and side street property line) by design standard, or such spaces do not exist in those locations on existing properties, new communication facilities and new utility poles for collocation of small wireless facilities shall be placed in-line with the common, interior side lot lines and shall not be placed in-line with the front/principal facade of a residence, place of business, or any other principal use building located on property that abuts the public rights-of-way.
(11) Specific locations, capital improvement projects, districts and community redevelopment agency areas.
(a) A registrant shall not place new utility poles for the collocation of small wireless facilities, small wireless facilities or micro wireless facilities within the public rights-of-way in such a location that would interfere with or impair the city's ability to pursue the projects identified within the city's Capital Improvement Program (CIP), unless waived by the City Manager. In conjunction with granting such waiver, the city may require conditions on the permit approving such facility so as to minimize the impact on the CIP. A registrant shall relocate at its expense, its utility poles, small wireless facilities and micro wireless facilities that need to be relocated to accommodate the city's CIP construction, to the extent not inconsistent with applicable law.
(b) Small wireless facilities, utility poles for collocation of small wireless facilities and aerial communications facilities shall not be permitted in an area within the public rights-of-way that would interfere with the city's public art program. The city may notify a registrant to relocate at its cost a utility pole used for collocation of a small wireless facility or ground mounted small wireless facility if such location interferes with a planned installation of art. A registrant that damages an object of art installed pursuant to the city's art program shall be responsible for the costs of the art and shall indemnify the city as required in this chapter. The city reserves the right to require an additional bond in conjunction with an application to place or maintain a communications facility in an area where an art object has been located.
(c) Community Redevelopment Area (CRA) Undergrounding Project. The city has adopted a Capital Improvement Plan to underground all utilities and construct streetscape enhancements, including new street lighting, on certain streets within the CRA Beach District and the Downtown District. The Beach District includes approximately 293 acres from Sherman Street south to the southern property line of the Westin Diplomat Resort and Spa, and from the Intracoastal Waterway east to the Atlantic Ocean. The CRA Downtown District, encompassing Downtown Hollywood's central business district and nearby residential neighborhoods, the District boundaries include approximately 580 acres, including the ten-acre ArtsPark at Young Circle. The boundaries are: Washington Street to the south, 22nd Avenue to the west, and Johnson Street to the north. The eastern boundaries are: 14th Avenue from Johnson Street south to Polk Street, 16th Avenue from Polk Street to Van Buren Street, and 17th Avenue from Van Buren Street to Washington Street. Maps of the CRA Districts and more information as to their projects are available on the city's website. To support the projects and goals of the CRA Districts, to the extent not inconsistent with applicable law, small wireless facilities and utility poles for the collocation of small wireless facilities shall not be authorized in these areas, unless waived by the City Manager. Any new or replaced utility poles approved by the City Manager shall satisfy the objective design standards for utility poles within the CRA Districts in this chapter, unless approved by the City Manager. In addition, excavation of city streets and public rights-of-way within the CRA Districts shall not be allowed, unless approved by the City Manager. No utility poles, small wireless facilities or excavation shall be permitted that would interfere with or impair construction projects of the CRA Districts, to the extent not inconsistent with applicable law.
(12) A structure granted a permit and installed pursuant to this chapter shall comply with F.S. Chapter 333, and city or federal regulations pertaining to airport airspace protections.
(13) Historic preservation. This chapter does not limit the city's authority to enforce historic preservation zoning regulations consistent with the preservation of local zoning authority under 47 U.S.C. § 332(c)(7), the requirements for facility modifications under 47 U.S.C. § 1455(a), or the National Historic Preservation Act of 1966, as amended, and the regulations adopted to implement such laws. Communications facilities shall not be permitted to be collocated on or to interfere with historic property or landmark that may be within or adjacent to the public rights-of-way unless waived by the city. The city shall not allow small wireless facilities, utility poles for the collocation of small wireless facilities or micro wireless facilities to be located in a manner that would impact negatively historic property or landmark unless waived by the city. Historic properties and landmarks may be so designated as being listed in the National Register of Historic Places pursuant to the National Historic Preservation Act of 1966, as amended, a property within a National Register-listed district, or individually listed in the Florida, Broward County, or City Register of Historic Places, consistent with city codes, including but not limited to the city's Land Development Regulations, administrative rules, or regulations that were adopted by city ordinance on or before April 1, 2017, which are applicable to a historic area designation by the state, Broward County or city.
(C) Objective design standards.
(1) Intent and purpose. Small wireless facilities in the public rights-of-way and utility poles installed or repurposed in the public rights-of-way for collocation of small wireless facilities shall be designed consistent with the following standards to maximize compatibility with the surrounding neighborhood and to minimize any negative visual impact on the surrounding neighborhood. The objective design standards contained in this chapter regulating the location context, color, camouflage design, and concealment of the proposed small wireless facility shall apply, unless waived by the city.
(2) Applicants shall not place or maintain signage on communications facilities, including small wireless facilities or utility poles for collocation of small wireless facilities, in public rights-of-way, unless otherwise required by federal or state law, provided; however, existing structures that lawfully supported signage before being repurposed may continue to support signage as otherwise permitted by law.
(3) A communications facility, including but not limited to a small wireless facility, shall not have any type of lighted signal, lights, or illuminations unless required by applicable codes, local codes or regulations, a permit issued by the city, or state and federal laws and regulations or as permitted by the city.
(4) Design standards for utility poles. Camouflage design for new or replaced utility poles for collocation of small wireless facilities. All proposed new or replaced utility poles for collocation of small wireless facilities shall comply with applicable codes and shall meet the design standards contained in this subsection unless waived by the city.
(a) A replaced or restructured utility pole to accommodate the collocation of a small wireless facility shall be in substantially the same location as the original utility pole.
(b) The replaced or restructured utility pole shall be substantially similar in finish, base and pole design, diameter, material and height as the original pole being replaced, unless the city requires a different design, color or composition to be consistent with applicable city standards for new utility poles.
(c) Unless waived by the city, the height for a new utility pole or replaced utility pole installed pursuant to this chapter shall not exceed the height of the tallest existing utility pole as of July 1, 2017, in the same right-of-way, measured from grade, in place within 500 feet of the proposed location of the small wireless facility. If there is no utility pole within 500 feet in the same public right-of-way as of July 1, 2017, the height shall be limited to 50 feet measured from grade. Height shall include only the height of the utility pole and shall not include any light, antennas, masts or other attachments to the utility pole.
(d) Unless waived by the city, a new utility pole shall be designed to be substantially similar in design to the predominant type of other utility poles at the proposed location in the same block or vicinity of the public rights-of-way. Such design aspects to follow include the material, base, pole diameter and style, location and style of attachments, finish, and cap, as applicable. The city maintains design details of existing utility poles in the public rights-of-way, which will be provided to a registrant upon request. By way of example, if existing utility poles in the same area of the public rights-of-way are light poles, the new utility pole should be designed substantially similar to such light poles and to the extent consistent with location context regulations, equidistant or mid-span between existing poles. Unless waived by the city, any such camouflage utility pole for collocation of a small wireless facility shall function in the same manner as the facility it is intended to resemble in compliance with the code, at the expense of the registrant to the extent not inconsistent with applicable law. By way of example, if a registrant seeks to install a utility pole for collocation of a small wireless facility to resemble a nearby light pole, the registrant is encouraged to include a light that is operated in the same manner as other light poles, at the applicant's expense, since the city is not requiring or requesting the utility pole. The City Manager may, in the exercise of discretion, approve a collocation of a small wireless facility on a city light pole that would otherwise not qualify for collocation under this chapter.
(e) Notwithstanding this subsection, if the proposed location of a new utility pole for collocation of a small wireless facility is within a public right-of-way that is within a particular zoning district, planned unit development, community development district, community redevelopment agency, or a homeowners' association that has design standards applicable to utility poles, such proposed utility pole shall substantially comply with such design standards.
(f) If there are no existing utility poles in close proximity to a new utility pole for collocation to resemble or any applicable design standards based on the location, the new utility pole shall be designed pursuant to standards established by the City Manager. The city may include specific design requirements for various areas of the city in an appendix to Ordinance O-2020-14. Such appendix shall be made available to registrants and may be revised by resolution adopted by the City Commission.
(g) In the CRA Downtown District, the city implemented a neighborhood street lighting project for all of the east west city streets from 21st Avenue to Federal Highway from Johnson St. to Washington Street to use LED Holophane acorn style fixtures and Holophane black fluted poles. Such design is required for new or replaced utility poles to accommodate small wireless facilities. In the CRA Beach District, the city implemented a street lighting project to use round fluted white etched lighting poles, and such design is required for new or replaced utility poles to accommodate small wireless facilities. Nothing herein shall waive requirements for construction and excavation within the CRA Districts required in this chapter. The design standards for new or replaced utility poles to accommodate small wireless facilities for the CRA Downtown and Beach Districts are contained in the Appendix.
(h) This subsection does not authorize the installation of a new utility pole for collocation of a small wireless facility in a location that is otherwise prohibited pursuant to court order or applicable codes or this chapter.
(i) Maintenance of utility poles. All new and replaced utility poles for the collocation of small wireless facilities owned by a registrant or utility shall be maintained by the registrant or utility in accordance with applicable codes, including but not limited to the Florida Building Code, the 2017 FDOT UAM, applicable PSC standards, and the National Electric Safety Code. If a utility pole is leaning or becomes damaged, such that it is not in compliance with applicable codes or regulations of the PSC, the owner of the pole shall be required to repair or to replace the pole promptly at its cost. The city reserves the right to issue notices of violation to a registrant or owner of utility pole that fails to maintain a utility pole and to pursue code enforcement actions. In addition to other remedies available, the city reserves the right to remove a utility pole for the collocation of small wireless facilities that is not maintained in accordance with applicable codes that the City Manager determines creates a threat to public safety, or that is abandoned, and to charge the registrant or owner of the pole the costs of such removal. The city may draw upon the registrant's permanent performance bond to recover such costs. In addition, the city may deny permits to a registrant or contractor that is in violation of this subsection.
(5) Camouflage design for collocation of small wireless facilities.
(a) Wires, cables and equipment to be collocated on a utility pole shall be within the utility pole or if not possible to being installed within the utility pole, covered with a shroud. No exposed wires or cables are permitted.
(b) If the utility pole for the proposed collocation of a small wireless facility is a light pole, a street light fixture substantially similar in design to the existing street light fixture shall be used to conceal the small wireless facility such as through replacement of the cobra head with a new cobra head containing the smalt wireless facility, or a side-mounted light may be replaced with a substantially similarly designed side mounted light containing the small wireless facility, to the extent not inconsistent with applicable law. Unless consistent with the design of the utility pole, a small wireless facility shall not be collocated on a mast of a utility pole. In no event shall a small wireless facility be collocated on the mast of a utility pole that serves as a traffic signal pole. Any street light fixture installed by the registrant shall be maintained in good working order by the registrant at its cost.
(c) Slim design shall be used wherein the top mounted antenna does not exceed the diameter of the supporting utility pole at the level of the antenna attachment by more than six inches, or if applicable for other than round poles, by more than six inches on each side, and side mounted enclosures, if any, do not extend more than 24 inches beyond the exterior dimensions of the existing structure, repurposed structure or utility pole at the level of antenna attachment measured from the edge of the pole to the outermost surface of the antenna.
(d) Maximum height restrictions. A small wireless facility, including any attached antennas, shall not exceed ten feet above the existing structure, repurposed structure or utility pole upon which the small wireless facility is to be collocated. A small wireless facility in the public rights-of-way shall not be used for the attachment of any communications facilities or fiber other than the equipment included within the small wireless facility.
(6) Small wireless facilities not collocated on utility poles or existing structures.
(a) Ground-mounted small wireless facilities up to 28 cubic feet in dimension shall be located within a ten foot radius of the existing structure or utility pole for the collocated small wireless facility.
(b) The ground-mounted small wireless facility shall be architecturally designed and of the same materials and color finish to be substantially similar to other at-grade infrastructure within 50 feet of the proposed location in the public rights-of-way. If there is no other at-grade infrastructure within 50 feet, then to the nearest at-grade infrastructure located in the rights-of-way within 500 feet of the proposed location in the public rights-of-way such as waste receptacles or utility facilities. If the ground-mounted small wireless facility is not substantially similar to other at-grade infrastructure as set forth herein, the proposed small wireless facility shall be submitted to the city for review and approval.
(c) To the extent not inconsistent with applicable codes, at the city's direction, ground-mounted small wireless facilities shall be concealed by being enclosed in a wrap the design of which has been approved by the city staff. The registrant shall maintain the wrap in good condition at its sole cost and expense. The city may designate specific areas of the city where all ground-mounted small wireless facilities must be enclosed in a wrap. The city shall make approved wrap designs available to registrants and may include designs to be used for wraps within the appendix.
(d) To the extent not inconsistent with applicable codes, at the city's direction the registrant owner of a ground mounted small wireless facility or other ground mounted communications facilities in the public rights-of-way shall conceal the facility with landscaping and plantings. Landscaping and plantings pursuant to this subsection shall be subject to the city's approval and be maintained by the registrant at its sole cost and expense consistent with the code for so long as the small wireless facility or communications facility remains in the public rights-of-way.
(e) The City Manager is authorized to create an appendix showing examples of acceptable designs for facilities to be placed or maintained in the public rights-of-way.
(7) Development standards for communications facilities other than small wireless facilities and utility poles for collocation of small wireless facilities.
(a) Dimensional limits. No communications facility other than small wireless facilities located aboveground, excluding utility poles, having exterior dimensions greater than four feet high by four and one-half feet long by two and one-half feet wide, or having a total volume exceeding 45 cubic feet, shall be granted a permit for construction or installation nor shall be constructed within the corporate limits of the city on any public rights-of-way, unless:
(b) The communication service provider can properly demonstrate in its permit application for placement of communication facilities in the public rights-of-way that strict compliance with the dimensional limits in this subsection will prevent the communications service provider from installing, constructing, maintaining, or providing its communications network; and
(c) The communication service provider demonstrates in its permit application that the proposed communications facilities it desires to construct which exceeds the dimensional limits set forth above in this subsection are necessary to provide adequate capacity to meet the requirements of the applicant at a specific location, or that said limits are otherwise technologically infeasible at the location, and that the proposed equipment the service provider desires to utilize is of the minimum size available to meet the requirements of the applicant's communications network; and
1. The communications service provider demonstrates in its permit application that the proposed communications facilities are located and composed in a manner to minimize adverse impacts to abutting properties and the surrounding neighborhood and does not create a hazard by impairment of visibility to motorists or pedestrians at the proposed site and does not negatively impact or violate location and other regulations contained in this chapter: and
2. The communications facility proposed by the communications provider does not otherwise create a hazard to the public health, safety and welfare.
(Ord. O-2020-14, passed 10-7-20)