A. Purpose: The purpose of this section is to establish predictable and balanced regulations for the siting and placement of telecommunication facilities, including wireless equipment within public rights of way under the jurisdiction of the city. The city holds the rights of way within its geographical boundaries as an asset in trust for its citizens. The city strives to keep its rights of way in a state of good repair and free from unnecessary encumbrances. The uncontrolled and unregulated placement of telecommunication equipment in the right of way may cause obstruction to pedestrian and vehicular traffic; thereby endangering the public health and safety. This section establishes the minimum requirements for locating telecommunication facilities within the city's public rights of way in a manner that does not jeopardize the public health, safety and general welfare.
B. Administrative Permit Required: The placement of any telecommunication equipment in the public right of way shall require an administrative permit subject to the provisions of chapter 8 of this title and shall be processed according to the following:
1. Prior to the installation of any telecommunication equipment, the owner of such service shall file with the city, maps, site plans and other pertinent information as deemed necessary by the zoning administrator for review of the proposed project.
2. All wireless communication poles, antennas, radio receivers, and transmitters shall comply with the following standards:
a. Antennas and radio transmitter and receiver devices shall be permitted on all electrical transmission towers, and on utility and light poles that do not exceed sixty feet (60') in height.
b. The replacement or extension of a utility or light pole shall be permitted provided the pole or extension does not exceed sixty feet (60') in height.
c. Antennas and radio transmitter and receiver devices shall not extend horizontally more than twenty four inches (24") from the pole.
d. An application to locate wireless antennas and equipment in the right of way shall not be approved unless the applicant demonstrates that the antennas cannot be accommodated on an existing tower, building, or structure located outside of a public right of way within a one-half (1/2) mile search radius, subject to the criteria and standards provided in section 11-30-3 of this chapter.
e. Wireless antennas and equipment located in the right of way abutting residentially zoned property shall be prohibited, unless the applicant demonstrates by providing a coverage or capacity analysis prepared by a professional engineer that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the wireless system and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the antennas in the right of way abutting a less restrictive zoning district.
f. Radio transmitters and receivers attached to an existing utility pole or light standard shall be exempt from subsections B2c and B2d of this section provided the following conditions are met:
(1) Transmitter and receiver devices do not exceed two (2) cubic feet.
(2) Transmitter and receiver devices do not extend more than eighteen inches (18") from the pole or any existing attachments to the pole.
(3) Any antennas do not extend more than twenty four inches (24") from the equipment.
(4) There is no ground mounted equipment or structures.
g. All ground mounted accessory equipment shall be set back at least fifty feet (50') from the nearest principal residential structure.
h. All ground mounted equipment shall not exceed five feet (5') in height or twenty (20) square feet in size, and shall be located as far as possible, but at least five feet (5') from the road surface.
i. In addition to receiving the necessary permits and approvals, the city may require the applicant to enter into an encroachment agreement.
3. Upon determining compliance with the provisions of this code and comprehensive plan, the zoning administrator shall issue an administrative permit for the installation and operation of any structure or equipment.
4. The zoning administrator may deny a permit or attach conditions to the permit approval to protect the public health, safety and welfare, to prevent interference with the safety and convenience of ordinary travel over the right of way, or when necessary to protect the right of way and its users. The zoning administrator may consider one or more of the following factors:
a. The extent to which right of way space where the permit is sought is available.
b. The competing demands for the particular space in the right of way.
c. The availability of other locations in the right of way or in other rights of way for the equipment of the permit application.
d. The preservation of the right of way for uses that, due to their physical nature, do not have the option of locating on private property.
e. The applicability of ordinances or other regulations of the right of way that affect location of equipment in the right of way.
5. The decision to either grant or deny a permit may be appealed to the city council within ten (10) days after the zoning administrator's written decision. The appeal shall be processed under the rules set forth in chapter 7 of this title.
6. The permittee shall notify the zoning administrator upon completion of the work specified in the permit.
C. Conditional Use Permit Required: The following require a conditional use permit based upon procedures set forth in and regulated by chapter 4 of this title. Additionally, each request for a conditional use permit shall be evaluated based upon the standards and criteria set forth in subsection 11-4-3E and section 11-4-7 of this title.
1. Poles and towers used exclusively for the placement of wireless antennas, provided the pole or tower complies with the standards and criteria set forth in this chapter.
2. Ground mounted equipment that exceeds the size limit specified in subsection B2 of this section. (Ord. 674, sec. 1, 7-17-2000)