939.01  OVERVIEW AND PURPOSE; DEFINITIONS; AUTHORITY TO PROMULGATE DESIGN GUIDELINES.
   (a)   The purpose of this Chapter is to:
      (1)   Provide standards for the construction, installation, modification, operation, and removal of Facilities and Wireless Support Structures in the City's Right-of-Way to protect the health, safety, and welfare of the citizens of the City;
      (2)   Preserve the character of the City, including the City's neighborhoods, downtown, other business districts and historic districts;
      (3)   Give guidance to wireless telecommunications providers to assist such companies in the timely, efficient, safe, and aesthetically pleasing installation of Facilities and Wireless Support Structures; and
      (4)   Comply with, and not conflict with or preempt, all applicable state and federal law; and
      (5)   Facilitate deployment of small cell Facilities and advanced wireless communications within the City in a manner that complies with the requirements of this Chapter and does not materially inhibit such deployment or the provision or availability of advanced wireless communications.
   (b)   For the purpose of this Chapter, and the interpretation and enforcement hereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
      (1)   "Applicant" means any person or entity who submits an Application pursuant to this Chapter.
      (2)   "Application" means all necessary documentation submitted by an Applicant to obtain a Small Cell Use Permit from the City to Collocate a Small Cell Facility and/or to construct, maintain, modify, operate, or replace a Wireless Support Structure.
      (3)   "Accessory Equipment" means equipment used in conjunction with a Small Cell Facility and generally at the same location of the Small Cell Facility, including, but not limited to, electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs.
      (4)   "City" means City of Kent.
      (5)   "Collocation" or "Collocate" means to install, mount, maintain, modify, operate, or replace wireless Facilities on a Wireless Support Structure.
      (6)   "Design Guidelines" means standards applicable to Small Cell Equipment and Wireless Support Structures in the Right-of-Way, promulgated by the Director of Community Development.
      (7)   "Facilities" means, for the purposes of this Chapter, Small Cell Facilities, Accessory Equipment, and Wireless Support Structures.
      (8)   "Facilities Operator" means the person or entity responsible for the installation, operation, maintenance, replacement, and modification of Facilities. Facilities Operator includes:
         A.   Operators;
         B.   Applicants who applied for consent to Collocate a Small Cell Facility or to construct, maintain, modify, operate, or replace a new Wireless Support Structure pursuant to Ohio R.C. Section 4939.031(E) and who have obtained a Small Cell Use Permit; and
         C.   Applicants who applied for consent to Collocate a Small Cell Facility or to construct, maintain, modify, operate, or replace a new Wireless Support Structure pursuant to Ohio R.C. Section 4939.033 and who have obtained a Small Cell Use Permit.
      (9)   "Eligible Facilities or Eligible Support Structure Request" means any request for modification of an existing support structure or base station that does not substantially change the physical dimension of such support structure involving Collocation of new Facilities; removal of Facilities; or replacement of Facilities. A substantial change means:   
         A.   A modification that changes the physical dimension of a Wireless Support Structure by increasing the height of the Wireless Support Structure by more than ten percent (10%) or more than ten (10) feet, whichever is greater; and/or by adding an appurtenance to the body of the Wireless Support Structure that would protrude from the edge of the Wireless Support Structure by more than six (6) feet;
         B.   The installation of more than the standard number of equipment cabinets for the technology involved or the installation of more than (4) cabinets, whichever is less;
         C.   The installation for any new ground-mounted equipment cabinets if there are not existing ground-mounted equipment cabinets;
         D.   Any excavation or deployment outside of the current site of the Facility;
         E.   Removal of any concealment elements of the Facilities or the Wireless Support Structure; and
         F.   Any change that does not comply with this Chapter, the Design Guidelines promulgated by the Director of Community Development, or state or federal law and regulations.
The threshold for measuring increases that may constitute a substantial change are cumulative, measured from the Facilities as originally permitted (including any modifications that were reviewed and approved by the City prior to the enactment of the Spectrum Act on February 22, 2012.)
      (10)   "Operator" means a wireless service provider, cable Operator, or a video service provider that operates a Small Cell Facility and provides wireless service, including a wireless service provider, cable operator, or a video service provider that provides information services as defined in the "Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20), and services that are fixed in nature or use unlicensed spectrum.
      (11)   "Public Way" or "Right-of-Way" means the surface of, and the space within, through, on, across, above or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated or otherwise designated for a comparable public use, which is owned or controlled by the City or other public entity or political subdivision.
      (12)   "Small Cell Facility" means a wireless facility:
         A.   That meets both of the following requirements:
            (i)   Each antenna is located inside an enclosure of not more than six (6) cubic feet in volume or, in the case of an antenna with exposed elements, the antenna and all of its exposed elements can fit within an enclosure of not more than six (6) cubic feet in volume; and
            (ii)   All other wireless equipment associated with the facility is cumulatively not more than twenty-eight cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
         B.   That includes a "Small Wireless Facility," which is a type of Small Cell Facility:
            (i)    In which each antenna is located within an enclosure of not more than three (3) cubic feet in volume or, in the case of an antenna with exposed elements, the antenna and all of its exposed elements can fit within an enclosure of not more than three (3) cubic feet in volume;
            (ii)    Where such antenna is associated with a structure (a) fifty (50) feet or less in height, including the antenna, or (b) that is not more than ten percent (10%) taller than adjacent structures, or (c) is not extended in height by more than ten percent (10%) or to a height exceeding fifty (50) feet, whichever is greater, and
            (iii)    Which also otherwise satisfies the definition of "Small Wireless Facilities" found in the FCC's Small Cell Order adopted September 26, 2018, FCC 18-133.
      (13)   "Small Cell Equipment" means a Small Cell Facility and all Accessory Equipment.
      (14)   "Small Cell Use Permit" means the permit granted by the City authorizing the Applicant to Collocate a Small Cell Facility or to construct, maintain, modify, operate, or replace a Wireless Support Structure in the Right-of-Way.
      (15)   "Wireless Support Structure" means a pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting Small Cell Facilities. As used in this Chapter, "Wireless Support Structure" excludes the following except in connection with a Small Wireless Facility, in which case the following are not excluded:
         A.   A utility pole or other facility owned or operated by a municipal electric utility; and
         B.   A utility pole or other facility used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses.
   (c)   The Director of Community Development is authorized and directed to promulgate written Design Guidelines for Small Cell Facilities with objective, technologically feasible criteria.
(Ord.  2019-117.  Passed 10-16-19.)