§ 156.001 PURPOSE AND SCOPE; CONFLICTS; PERMITTED USE.
   (A)   Purpose. The purpose of this chapter is to provide policies and procedures for the placement of small wireless facilities, which will provide a public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the city and comply with applicable state and federal laws, regulations and guidelines.
   (B)   Intent. In enacting this chapter, the city is establishing uniform standards to address issues presented by small wireless facilities, including without limitation:
      (1)   Health, safety, and welfare of citizens;
      (2)   Limit interference with the use of streets, sidewalks, alleys, parkways, public utilities,
public views, certain city corridors, and other public ways and places;
      (3)   Limit the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
      (4)   Limit interference with the facilities and operations of facilities lawfully located in rights-of-way or public property;
      (5)   Limit environmental damage, including damage to trees;
      (6)   Respect the character of the neighborhoods in which facilities are installed by minimization of visual clutter and preservation of the character and aesthetics of areas in close proximity to small wireless communication facilities;
      (7)   Facilitate the city's permitting process to encourage fair and meaningful competition;
      (8)   Encourage collocation of antenna on existing facilities; and
      (9)   Facilitate deployment of small cell facilities to provide the benefits of advanced wireless services to all citizens and organizations throughout the city. Municipalities recognize the economic and social value of data connectivity and desire to encourage wireless infrastructure investment by providing a fair and predictable process for the deployment of small wireless facilities within the public rights-of-way in a manner that is:
         (a)   Safe;
         (b)   Compatible with and complementary to the provision of services by the municipality and others lawfully using the rights-of-way; and
         (c)   Consistent with the aesthetic standards of the municipality.
   (C)   Zoning and use of rights-of-way by wireless provider.
      (1)   A wireless provider shall have the right, as a permitted use not subject to zoning review or approval, to collocate, maintain, modify, operate, and replace small wireless facilities and to install, maintain, modify, and replace poles it owns or manages or, with the permission of the owner, a third party's pole, associated with a small wireless facility, along, across, upon, and under the right-of-way.
      (2)   Small wireless facilities and associated poles shall be installed and maintained as to not obstruct or hinder the usual travel or public safety of the right-of-way or the usage of the right-of-way by utilities.
      (3)   Therefore, applications to collocate a small wireless facility or install or modify an associated utility pole in the rights-of-way shall be treated as a permitted use in all districts within the city, but are not exempt from the following local regulations and review.
      (4)   All wireless facilities not meeting the definition of a small wireless facility shall be subject to applicable local zoning and development requirements.
   (D)   Conflicts with other chapters. This chapter supersedes all chapters or parts of chapters adopted prior hereto that are in conflict herewith, to the extent of such conflict.
   (E)   Conflicts with state and federal laws. In the event that applicable federal or state laws or regulations conflict with the requirements of this chapter, the wireless services provider shall comply with the requirements of this chapter to the extent that its provisions are not preempted by, or do not conflict with, applicable federal or state laws or regulations.
(Ord. 2019-08-856, passed 8-20-19)