Unless otherwise approved by the city in order to prevent an effective prohibition of service in accordance with federal regulations, as applicable, no person shall locate or maintain a facility, pole, tower, or support structure, except in accordance with the following design standards:
(A) All facilities shall be located and designed so as to minimize visual impact on surrounding properties and from public right-of-way.
(B) All new or replacement poles, towers, or support structures placed in the right-of-way shall be the same color, shape, material, and general height as those existing poles or towers adjacent to the location of the new or replacement pole, tower, or support structure.
(C) All coaxial, fiber-optic, or other cabling and wires shall be contained inside any new or replacement tower, pole, or other support structure. On existing poles or support structures, or new wooden poles, where it is impossible to place wiring inside the pole or support structure, all coaxial, fiber-optic, or other cabling and wires shall be flush-mounted and covered with a metal, plastic, or similar material matching the color of the pole or support structure. All coaxial, fiber-optic, or other cabling and wires shall be contained inside any new tower or pole placed in the right-of-way.
(D) No tower shall be placed in the right-of-way within two hundred fifty (250) feet on the same street of an existing tower. Replacing an existing tower with a tower, or a lighted pole with another lighted pole housing wireless facilities, in the same location shall not violate this provision.
(E) All new towers and poles should be located on the same side of the street as existing towers, poles, or support structures. However, this does not preclude an applicant from locating its wireless facilities on existing lighted poles under a decommissioning agreement in which the applicant takes ownership of the lighted pole.
(F) The centerline of any new pole or tower shall be aligned with the centerline of adjacent poles or trees, unless the new structure's height conflicts with overhead power utility lines. Replacing an existing pole, support structure, or tower with another pole, support structure, or tower in the same location shall not violate this provision.
(G) All new poles, towers, or facilities proposed to be fronting a dwelling shall be placed on property lines, unless it would obstruct sight distance at driveways or other accesses to roadways. In those instances where placement of a new pole or tower, or facilities on the property line would obstruct sight distance, the pole or tower, or facilities shall be placed in such a location as to prevent the obstruction of sight distance at driveways or other accesses to roadways. Replacing an existing pole, support structure, tower or facility with a pole, support structure, tower, or facility in the same location shall not violate this provision.
(H) New poles, towers, or facilities shall not be placed in front of store front windows, walkways, entrances or exits, or in such a way that would impede deliveries. Replacing an existing pole, support structure, tower, or facility with a pole, support structure, tower, or facility in the same location shall not violate this provision.
(I) No new poles or towers shall be placed in front of driveways, entrances, or walkways. Replacing an existing pole, support structure, or tower with a pole, support structure, or tower in the same location shall not violate this provision.
(J) No applicant shall locate or maintain a pole, support structure, tower, or equipment associated with a wireless facility, as to interfere with the health of a tree.
(K) In areas where the undergrounding of utilities has occurred but lighted poles are present, the applicant shall locate its wireless facilities on existing lighted poles or seek to decommission the lighted pole to replace it with a lighted pole to house its wireless facilities.
(L) If the applicant elects to decommission an existing lighted pole in order to install a wireless facility in its location, the applicant shall comply with this chapter, including these aesthetic standards, and any decommissioning agreement between the applicant, the City of Mt. Washington, and Kentucky Utilities, or its equivalent.
(M) In those locations where the undergrounding of utilities has occurred, all facilities shall be placed underground.
(N) No equipment associated with any facility shall impede, obstruct, or hinder ADA access, or pedestrian or vehicular access, or block driveways, entrances, or walkways. The installation of new ground furniture is prohibited.
(O) To protect the health and safety of the public from the harms of noise pollution, all facilities shall have a low noise profile.
(P) Within twenty-one (21) calendar days from the date the operator receives notice thereof, operator shall remove all graffiti on any of its facilities located in the right-of-way.
(Q) All facilities, poles, towers, and support structures shall comply with such additional design standards as may be set forth in any written policies or guidelines issued by the city.
(Ord. 2020-07, passed 6-8-20)