(A) The aesthetic appearance of small wireless facilities and associated poles is regulated by the city to ensure coordinated, adjusted, and harmonious development, as provided in this section. The city may apply these requirements to areas of the city in which coordinated, adjusted, and harmonious development has been established through the use of overlay districts or historical districts which have been in existence at least 90 days prior to the passage of this chapter.
(B) These aesthetic standards shall adhere to the following requirements:
(1) Reasonable, in that they are technically feasible and reasonably directed to avoiding or remedying unsightly or out-of-character deployments;
(2) No more burdensome than those applied to other types of utility and communications infrastructure deployments;
(3) Objective and published at least 90 days in advance of the filing of an application under this chapter;
(4) Any design or concealment measures are not considered a part of the small wireless facility for purposes of the size parameters in the definition of "small wireless facility"; and
(5) The city may deny an application for not complying with aesthetic requirements only if the city finds that the denial does not prohibit or have the effect of prohibiting the provision of wireless service.
(C) The Board of Zoning Adjustment may:
(1) Hear appeals of the decision of the Administrative Officer in respect to the enforcement and application of the aesthetic standards, and may affirm or reverse, in whole or in part, the decision of the Administrative Officer.
(a) Decisions of the Administrative Officer shall be rendered to the applicant in writing; and
(b) An appeal must be filed within ten days of the written decision of the Administrative Officer.
(2) Hear requests for variances from the literal provisions of the aesthetic standards and grant the variances only when it is necessary to avoid the prohibition of wireless service or otherwise comply with the law.
(D) Decisions of the Board in respect to this section shall be subject to appeal only to a court of record having jurisdiction.
(E) Equipment enclosures.
(1) To the extent technically feasible, if the support structure is a pole, all radios and wireless communication equipment, except the antenna, shall be enclosed within an equipment cabinet and housed: at the base of the support structure, pole mounted (at a height and placement that will not interfere with pedestrian, cyclist, or vehicular movements), or below grade.
(2) Where underground utilities are required by the provisions of this code or other city adopted regulations or codes, ancillary equipment related to the small wireless facility shall be placed in an underground vault to the greatest extent possible.
(F) Design. Consistent with the provisions of this section, a small wireless facility shall be installed using the following design approaches to the extent reasonable including without limitation the following:
(1) For location on newly proposed wireless support structures, the following options are available:
(a) New poles installed to support small wireless facilities shall be made of the same or similar material as existing poles in the immediate area.
(b) In an area where other above ground utilities are present, the deployment of a new small cell facility shall be located on the same side of the street which the existing above ground utilities are located and a similar style utility pole (as those utilized by existing above ground utilities) may be utilized.
(c) In an area where the city has required all electrical and communication lines to be placed underground by a date certain that is three months before the submission of the application or where undergrounding is required after small wireless facilities have been installed, an explanation as to why collocation or use of an existing structure, remaining pole or replacement pole is not technically feasible shall be required. This shall apply to the location of all pole attached utilities and shall include demonstration of a reasonable attempt to collocate or utilize an existing structure. A wireless provider may install a new pole in the designated area that otherwise complies with this section when it is not able to provide wireless service by collocating on an existing structure, remaining pole or replacement pole
(d) When a wireless provider applies to install a new pole in the right-of-way in an area zoned for residential use, the city may propose an alternative location in the right-of-way within 100 feet of the location stated in the application, and the wireless provider shall use the city's proposed alternative location unless the location imposes technical limits or significant additional costs.
(i) The wireless provider shall certify that it has made the determination in good faith, based on the assessment of a licensed engineer, and the wireless provider shall provide a written summary of the basis for the determination.
(e) The city may require wireless providers to comply with reasonable and nondiscriminatory horizontal spacing requirements of general application for new poles and ground-mounted small wireless facilities, but the requirements shall not prevent a wireless provider from serving any location.
(2) For location on existing pole structures:
(a) Stealth antennas and mounts (completely encased or screened antennas, when possible, to approximately match the color of the existing poles). In the event that some antennas cannot be covered due to their operational wavelength, the applicant shall provide proof of such to the city and the antenna shall be required to be painted in a way that blends with the pole.
(b) Stealth base cabinet enclosures (completely encases base cabinet equipment to match the colors of the existing poles to the extent feasible). A base cabinet may be placed in any location on the lower portion of the pole, but may not impede ADA accessibility of a sidewalk. The base cabinet may also be placed underground.
(c) The city shall not limit the collocation of small wireless facilities by minimum horizontal separation distance requirements from existing small wireless facilities, poles, or wireless support structures.
(3) For location on existing building structures:
(a) New steeple, extension to existing steeple, and replacement steeple concealment structures;
(b) Chimney concealment structures;
(c) Chimney pot concealment structures;
(d) Rooftop facade extension concealment;
(e) Rooftop cupola concealment;
(f) Rooftop screen concealment;
(g) Rooftop pod concealment systems;
(h) Building side grid concealment structures;
(i) Building side screen concealment structures; and
(j) Rooftop or wall mounted lantern concealment structures.
(G) Antenna arrays, cables, and other ancillary facilities used for providing the wireless service shall not be obtrusive or noticeably visible from adjacent properties or adjacent rights-of-way.
(H) The color of the facility shall be compatible with that of the non-tower support structure. To the extent any small wireless facilities extend above the height of the vegetation buildings and utilities immediately surrounding it, they shall be painted in a non-reflective light gray, light blue, or other hue, which blends with the skyline and horizon.
(I) Attachments which are ancillary to the antenna arrays mounted onto a non-tower support structure shall not project greater than three feet, as measured horizontally, from the surface of the non-tower support structure and shall be painted or screened with materials that are a compatible color to the non-tower support structure. Cables that travel along the exterior of a non-tower support structure shall be closely connected to the structure creating a minimal appearance of gaps or loose wires. When possible, visible cables should be in conduit or otherwise covered in a material visually compatible in color to the support structure.
(J) The general design of a small wireless facility shall be compatible to the streetscape and aesthetics of the surrounding area with respect to street furniture and lights, building facade designs, and area character.
(K) Other design elements which by industry standards are considered stealth technology deployment may also be used.
(L) Within enacted overlay district, stealth concealment is required except when specifically identified by the applicant that such stealth concealment results in a material reduction in the functionality of the proposed small wireless facility.
(N) Illumination. A small wireless facility shall not have lights on the facility unless the lights are required by other laws and consistent with the requirements of law or designed as an intended amenity of the support structure.
(O) Fencing. A small wireless facility installed in the public right-of-way shall not be fenced.
(P) Appendix. Attached to this chapter as an appendix to this section are illustrations to provide guidance to applicants of aesthetic standards encouraged and preferred by the city in the installation of small wireless facilities and associated poles.
(Ord. 2019-08-856, passed 8-20-19)