(A) Generally. Wireless facilities in the ROW shall meet the minimum requirements set forth in this ordinance and the Wireless Regulations, in addition to the requirements of any other applicable law.
(B) Regulations. The wireless regulations and decisions on applications for placement of wireless facilities in the ROW shall, at a minimum, ensure that the requirements of this section are satisfied, unless it is determined that the applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this chapter may be waived, but only to the minimum extent required to avoid the prohibition or violation.
(C) Minimum standards. Wireless facilities shall be installed and modified in a manner that minimizes risks to public safety, utilizes installation of new support structures or equipment cabinets in the ROW only after all existing and replacement structure options have been exhausted, and where feasible, places equipment underground, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the ROW; and ensures that the city bears no risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere with the primary uses of the ROW, or hinder the ability of the city or other government agencies to improve, modify, relocate, abandon, or vacate the ROW or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the ROW.
(D) Location and design standards. All applicants shall locate the facilities in accordance with the Design Standards and Wireless Regulations. All applicants shall, to the extent feasible, incorporate specific concealment elements to minimize visual impacts and incorporate design requirements in accordance with the Design Standards adopted by resolution of the City Council and Wireless Regulations and ensure compliance with all standards for noise emissions, unless it is determined that another design is less intrusive or placement is required under applicable law.
(Ord. 1282, passed 5-1-19)