(A) The purpose of these Design Guidelines is to:
(1) Protect the health, safety, and welfare of the citizens of the city:
(2) Preserve the character of the city's neighborhoods, office, and shopping districts:
(3) Give guidance to wireless telecommunications providers to assist such companies in the timely, efficient, safe, and aesthetically pleasing installation of facilities: and
(4) Comply with, and not conflict with or preempt, all applicable state and federal laws.
(B) For the purpose of this chapter, and the interpretation and enforcement hereof, the following words and phrases shall have the following meanings, unless the context of the sentence in which they are used shall indicate otherwise:
(1) ACCESSORY EQUIPMENT. Equipment used in conjunction with a small cell facility and generally at the same location as, or in proximity to, the small cell facility including, but not limited to. Electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs.
(2) ADMINISTRATOR. The City Administrator for the City of Villa Hills.
(3) APPLICANT. Any person or entity who submits an Application pursuant to this chapter.
(4) APPLICATION. The form issued by the City Public Works Department to be submitted by an applicant to the City Public Works Director to obtain a small cell use permit from the city to collocate a small cell facility and/or to construct, maintain, modify, operate, or replace a wireless support structure.
(5) COLLOCATION or COLLOCATE. To install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure.
(6) DESIGN GUIDELINES. The standards established in this Chapter 52 of the Villa Hills Codified Ordinances.
(7) DIRECTOR. The city's Director of Public Works, or his or her designee, unless otherwise specified.
(8) FACILITIES. Small cell facilities, accessory equipment, and wireless support structures, including poles and towers.
(9) FACILITIES OPERATOR. The person or entity responsible for the installation, operation, maintenance, replacement, and modification of facilities. FACILITIES OPERATOR includes:
(a) Operators:
(b) Applicants who applied for consent to collocate a small cell facility or to construct, maintain, modify, operate, or replace a new wireless support structure and who have obtained a small cell use permit: and
(c) Applicants who applied for consent to collocate a small cell facility or to construct, maintain, modify, operate, or replace a new wireless support structure and who have obtained a small cell use permit.
(10) FCC. The Federal Communication Commission.
(11) OPERATOR. A wireless service provider, cable operator, or video service provider that operates a Small Cell Facility and provides wireless service, including a wireless service provider, cable operator, or a video service provider that provides information services as defined in the “Telecommunications Act of 1996.” 110 Stat. 59. 47 U.S.C. 152(20). and services that are fixed in nature or use unlicensed spectrum.
(12) PERMITS. One or more documents issued by:
(a) The City of Villa Hills, pursuant to Title V, Chapters 51 (Encroachments) and 52 (Small Cell Tower Design Guidelines) of the Code of Ordinances, that authorize the installation, removal and other work at a site designated by the applicant that will impact or otherwise affect the right-of-way, especially any public street, road, highway, sidewalk or any curb thereof; and
(b) The city's Building Department (or authorized agent) permitting the construction, erection or installation of buildings or other structures in the City of Villa Hills: and
(c) PDS (Planning and Development Services) authorizing or approving the construction, installation, modification, alteration, and/or expansion of applicant's wireless communications facilities, including base stations. Small cell systems. Small cell towers or poles, or transmission equipment, at a licensed, approved site in compliance with all zoning and building regulations.
(13) PUBLIC WAY or RIGHT-OF-WAY. The surface of, and the space within-through, on, across, above or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated or otherwise designated for a comparable public use, which is owned or controlled by the city or other public entity or political subdivision.
(14) SMALL CELL EQUIPMENT. A small cell facility and all accessory equipment.
(15) SMALL CELL FACILITY. A network of remote antenna nodes that distributes radio frequency signals from a central hub through a high capacity signal transport medium to a specific area. The term includes mini commercial towers, small cells, distributed antenna systems, mini cell or similar systems.
(16) SMALL CELL TOWER. Any structure under fifty (50) feet in height with an antenna or transmitter that is constructed for the sole or primary purpose of supporting any Federal Communications Commission (FCC) licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to: private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. A pole originally installed for the primary purpose of supporting wireless telecommunications equipment, regardless of the timeframe between pole installation and connection/implementation of transmission equipment, is considered a small cell tower and is not a utility pole. The term SMALL CELL TOWER includes mini cell towers, distributed antenna system towers, micro cell towers, mini cell, or similar systems.
(17) SMALL CELL USE PERMIT. The permit granted by the city authorizing an applicant to collocate a small cell facility or to construct, maintain, modify, operate, or replace a wireless support structure in the right-of-way.
(18) STAFF. Those employees of the city or its designee, including PDS, assigned to support and/or administer the powers and duties proscribed to PDS or to the city, as applicable.
(19) STEALTH TECHNOLOGY. State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize visual impact. These design techniques may be applied to wireless communications towers, antennas, and other facilities, which blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include but are not limited to facilities constructed to resemble light poles, flag poles or other streetscape amenities. The use of additional features such as flags, decorative street lamps, and banners or signs may be utilized to blend the proposed facility into the visual backdrop.
(20) UNDERGROUND AREA. An area in the right-of-way where existing electric utilities, cable facilities, telecommunications facilities and other facilities, other than structures and facilities owned by the city or a transit authority, are located underground.
(21) WIRELESS COMMUNICATIONS FACILITY OR FACILITIES. The approved and permitted equipment specifically identified or described in each encroachment permit issued by the city and executed by the parties pursuant to this chapter.
(22) WIRELESS SUPPORT STRUCTURE. A pole, such as a self-supporting monopole, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities.
(Ord. 2020-1, passed 1-15-2020)