§ 97.04  PERMITTED FACILITIES AND LOCATIONS.
   Subject to compliance with all applicable provisions of this chapter, small cell wireless facilities, pursuant to an approved permit issued by the city in compliance with this chapter, shall be permitted on the right-of-way of the city, upon the following terms and conditions.
   (A)   Public right-of-way. Small cell wireless facilities in the public right-of-way in all zoning districts shall be in accordance with the following preferences.  The preferred approaches for design and siting of new small cell wireless facilities in the public right-of-way are ranked as indicated in the following lists. When a lower ranked alternative is proposed, the applicant must include technical information demonstrating that a higher ranked option is not feasible considering the provider’s service objectives.  Any claim of infeasibility shall be supported by substantial evidence.
      (1)   Collocation on existing light poles;
      (2)   Collocation on any other existing utility poles;
      (3)   Collocation on any other existing pole or on an existing structure in the public right-of-way;
      (4)   Location on a new pole of any kind.
   (B)   Alternate location. 
      (1)   The city may propose an alternative location for proposed facilities from the proposed location. The city shall provide the applicant with a written explanation of the reason the city believes the alternate location is preferable.
      (2)   The applicant shall then:
         (a)   Accept the city’s recommen-dation;
         (b)   Identify another alternate location and provide a written explanation why that alternate is preferable; or
         (c)    Provide written explanation why it continues to believe the original location remains the best alternative.
      (3)   The facilities operator shall utilize the alternate location unless the facilities operator shows that the alternate location is not feasible.
      (4)   Negotiation must occur within the timeframe set forth in § 97.06 to identity a mutually agreed location.
   (C)   Installation limitation.  No more than one small cell installation for any provider shall be permitted per each 1,000 feet along a city right-of-way; unless the applicant provides technical information demonstrating that application of this limitation is not feasible considering the applicant’s service objectives.  Any claim of infeasibility shall be supported by substantial evidence.
   (D)   Noninterference with trees, landscaping and irrigation.  Facilities shall not interfere with existing or planned street trees, landscaping and irrigation.
   (E)   Encroachment permit.  An applicant seeking to install, construct, operate, or perform work related to small cell wireless facilities in the public right-of-way shall also obtain a revocable encroachment permit from the city prior to commencing work.
(Ord. 2-24-20, passed 3-23-20)