(A) Maximum size of permitted use. Collocation of permitted use network nodes in the public right-of-way shall be subject to the size limitations specified in Local Gov’t Code, Ch. 284.003.
(B) Undergrounding provisions. A network provider shall comply with nondiscriminatory undergrounding requirements, zoning regulations, 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 zoning or land use approval. This requirement or restriction shall not be interpreted to prohibit a network provider from replacing an existing structure.
(C) Historic areas and design districts. Subject to the permit application approval time frames in § 157.04, 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. 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 if the public right-of-way is located in a municipal park or is adjacent to a street or thoroughfare that is:
(1) Not more than 50 feet wide; and
(2) Adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions. A network provider shall comply with private deed restrictions and other private restrictions when installing network nodes in parks and residential areas.
(E) Zoning. A network provider seeking to construct, replace or modify a pole or node in the public right-of-way that exceeds the height or size limits contained in this section, shall be subject to applicable zoning requirements.
(Ord. 101-18, passed 2-20-18)