(A) Maximum size of permitted use. Collocation of permitted use network nodes in the pubfic right-of-way shalf be subject to the size limitations specified in of the Tex. Loc. Gov't Code §§ 284.003 and 284.106.
(B) Undergrounding provisions. A network provider shall comply with nondiscriminatory undergrounding requirements, including Chapter 8 and Section 3.302 of the City of Sunset Valley Land Development Code, applicable state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining approval. This requirement or restriction shall not be interpreted to prohibit a network provider from replacing an existing structure as permitted pursuant to § 54.03(E).
(C) Historic areas and design districts. Subject to the permit application approval time frames in § 54.04, a network provider must obtain advance approval from the city before collocating new network nodes or installing new node support poles in any areas zoned or designated as a historic district or as a design district if the district has decorative poles. Such installations shall be subject to the design and aesthetic standards of such areas.
(D) Installation in municipal parks and residential areas.
(1) A network provider may not install a new node support pole in a public right-of-way without the city's discretionary, nondiscriminatory, written consent of the Director of Public Works or other person designated by the City Administrator if the public right-of-way is located in a municipal park or is adjacent to a street or thoroughfare that is:
(a) Not more than 50 feet wide; and
(b) Adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions.
(2) A network provider shall comply with private deed restrictions and other private restrictions when installing network nodes in parks and residential areas. Consent for a new node support pole pursuant to this division (D) may be given if it is determined that the purpose and intent as provided in § 54.01 will be satisfied, that the location and use of the support pole complies with the requirements of this chapter, and that, in the case of a location in a municipal park, the new node support pole will not interfere with recreational and other uses of the park, will not have an unusually adverse visual impact affecting park users' appreciation of the natural landscape, wildlife, or geologic or water features. A consent given pursuant to this division (D) with regard to a municipal park shall also constitute consent for purposes of § 96.05(M) of this City Code.
(Ord. 180515, passed 5-15-2018)