§ 154-19.09  Personal Wireless Communication Facilities, Wi-Fi Radio Equipment, Microcell Equipment, and Small Cells on Public Rights-of-Way.
   (A)   Definitions. For the purposes of this section, the following definitions apply:
      AFFILIATE. A person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with a cable operator or a telecommunications corporation.
      ALLOWED WI-FI RADIO EQUIPMENT. Radio equipment that uses only unlicensed radio spectrum and that enables wireless communication with a communications network for unlicensed services such as Wi-Fi service.
      CABLE OPERATOR. A person that is issued a license by the city pursuant to City of Yuma Ordinance O95-077 to construct, operate, and maintain a cable television system in public streets, roads and alleys.
      MICROCELL EQUIPMENT. Devices that are connected to the aerial facilities of a person specified in division (C) of this section and that are used solely for transmitting, processing and receiving voice and data wireless telecommunications services. Microcell equipment does not include any ground-based equipment.
      PROVIDER. Has the same meaning as defined in § 92-02 of the City Code.
      PUBLIC HIGHWAY. Has the same meaning as defined in § 92-02 of the City Code.
      QUALIFIED SERVICE PROVIDER. A person that has all applicable authorizations required to provide commercial mobile radio service using microcell equipment.
      SMALL CELL. A personal wireless communication facility that meets both of the following qualifications:
         (a)   Each individual antenna. excluding the associated equipment (as defined below) that is part of the facility must fit within an enclosure (or if the antenna is exposed, within an imaginary enclosure, i.e., one that would be the correct size to contain the equipment) that is individually no more than three cubic feet in volume, and all antennas on the pole are located inside an enclosure (or if the antennas are exposed, within an imaginary enclosure, i.e., one that would be the correct size to contain the equipment) of not more than six cubic feet in volume; and
         (b)   All other wireless equipment associated with the facility is cumulatively not more than 21 cubic feet in volume. Vertical cable runs for the connection of power and other services are the only types of associated equipment that are not included in the calculation of equipment volume for purposes of this definition.
      TELECOMMUNICATIONS CORPORATION. Has the same meaning as defined in § 92-02 of the City Code.
      UTILITY POLE. A pole or similar structure and attached appurtenances, including strand, that is designed for telecommunications, cable, data, or electric functions.
   (B)   Antennas and personal wireless communications facilities. No antennas or personal wireless communications facilities are allowed in public highways, public streets, roads or alleys in the city, except for the following facilities:
      (1)   Allowed Wi-Fi radio equipment;
      (2)   Microcell equipment;
      (3)   Small cells;
      (4)   Facilities that meet the requirements of eligible facilities requests;
      (5)   Facilities that are granted waiver requests.
   (C)   The persons listed in divisions (C)(1) and (2) of this section may install, operate and maintain allowed Wi-Fi radio equipment with approval of an application if they satisfy the conditions in division (C)(3) and (4) of this section below:
      (1)   A cable operator or its affiliate may attach allowed Wi-Fi radio equipment to its cable television system in public streets, roads and alleys in the city; and
      (2)   A provider that holds a wireless facilities license from the city may attach allowed Wi-Fi radio equipment to existing facilities in the public highways in the city to the extent allowed by the provider's wireless facilities license.
      (3)   All of the allowed Wi-Fi radio equipment at a single location shall fit within a fifteen-by-fifteen-by-fifteen-inch (15" x l5" x l5") cube; and shall also meet at least one of the following conditions:
         (a)   Be contained entirely within a ground-mounted pedestal otherwise allowed by the license;
         (b)   Be connected directly to and mounted at the same height as one of the provider's or cable operator's aerial horizontal conductors otherwise allowed by the license;
         (c)   Be connected directly to and co-located by the provider on the provider's existing utility pole or similar structure otherwise allowed by the license;
         (d)   Be connected directly to and mounted on existing utility poles or similar structures that is used in whole or in part for communications services, electric distribution, lighting or traffic signals; or
         (e)   Be contained entirely within a ground-mounted pedestal, with the authorization of the pole or pedestal owner.
      (4)   Other development standards. The allowed Wi-Fi radio equipment must comply with general development standards in division (G).
   (D)   The persons listed in divisions (D)(1), (2) and (3) of this section and their affiliates may install, operate, and maintain microcell equipment in the city's public highways with approval of an application, if they satisfy the conditions in divisions (D)(4), (5) and (6) of this section below:
      (1)   A telecommunications corporation;
      (2)   A telecommunications corporation described in § 92-15(B) of the City Code; and
      (3)   A cable operator.
      (4)   The person's microcell equipment at each site is limited to:
         (a)   Not more than two strand-mounted antennas and radio pairs that are owned by a person specified in division (C) of this section or a qualified service provider and that are used to provide commercial mobile radio service.
         (b)   Related devices that are owned by a person specified in division (C) of this section and that are mounted on strand between utility poles, including power supplies, housings, cables and similar supporting furnishings and improvements.
      (5)   Only a qualified service provider may use microcell equipment to provide commercial mobile radio service.
      (6)   Other development standards. The microcell equipment must comply with the general development standards in division (G).
   (E)   A small cell may be installed, operated, and maintained in the public highways in the city with approval of an application, if the small cell satisfies the following conditions:
      (1)   It is installed only on an existing utility poles or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals;
      (2)   No new monopoles or replacement poles are proposed;
      (3)   There is no more than one small cell per pole;
      (4)   There is a minimum separation between small cells of 500 feet;
      (5)   All associated equipment is installed in an underground vault;
      (6)   It complies with the general development standards in division (G).
   (F)   Application requirements.
      (1)   Applications for allowed Wi-Fi radio equipment must include:
         (a)   Make, model, dimensions, color, weight and technical information of the proposed radio equipment;
         (b)   Specific information on the proposed location of the installation (including nearest street address or intersection);
         (c)   Photo simulations and site plans drawn to 20:1 scale depicting the proposed installation;
         (d)   Evidence that the radio equipment complies with FCC radio frequency emissions standards;
         (e)   Evidence the applicant meets the qualifications in divisions (C)(1) or (2) of this section;
         (f)   A sworn statement that the radio equipment will use only unlicensed radio spectrum;
         (g)   A sworn statement describing the services that will be provided using the radio equipment;
         (h)   Evidence of authorization of the affected strand/pole/pedestal owner, if the applicant is not the owner;
         (i)   The information required by § 154-19.02(A), (E), (F), and (G); and
         (j)   If the applicant intends to make the same installation at multiple locations within the same zoning district, the applicant may submit a single application for up to 10 locations, provided that the information required by divisions (b), (c) and (h) is submitted for each location.
      (2)   Applications for microcell equipment must include:
         (a)   Make, model, dimensions, color, weight and technical information of proposed microcell equipment specified in division (D)(4) of this section;
         (b)   Specific information on the proposed location of the installation (including nearest street address or intersection);
         (c)   Photo simulations and site plans drawn to 20:1 scale depicting the proposed installation;
         (d)   Evidence that the microcell equipment complies with FCC radio frequency emissions standards;
         (e)   Evidence the applicant meets the qualifications in divisions (D)(1), (2) or (3) of this section and has license or other authorization to use the city's public highways for the proposed installation;
         (f)   A sworn statement that the microcell equipment will be used by a qualified service provider solely for transmitting, processing, and receiving voice and data wireless telecommunications services that are commercial mobile radio services, and identifying such qualified service provider(s);
         (g)   Identify the owner of the microcell equipment. If the owner is not the applicant, provide evidence that the owner is a qualified service provider;
         (h)   Evidence of authorization of the affected strand/pole/pedestal owner, if the applicant is not the owner;
         (i)   The information required by § 154-19.02(A), (E), (F), and (G); and
         (j)   If the applicant intends to make the same installation at multiple locations within the same zoning district, the applicant may submit a single application for up to 10 locations, provided that the information required by division (b), (c) and (h) is submitted for each location.
      (3)   Applications for a small cell must include:
         (a)   Make, model, dimensions, color, weight and technical information of proposed small cell and associated equipment specified in division (E) of this section;
         (b)   Specific information on the proposed location of the installation (including nearest street address or intersection);
         (c)   Photo simulations and site plans drawn to 20:1 scale depicting the proposed installation;
         (d)   Evidence that the small cell complies with FCC radio frequency emissions standards;
         (e)   A sworn statement that the small cell equipment will be used by a qualified service provider solely for transmitting, processing, and receiving voice and data wireless telecommunications services that are commercial mobile radio services, and identifying such qualified service provider(s);
         (f)   Identify the owner of the small cell. If the owner is not the applicant, provide evidence that the owner is a qualified service provider;
         (g)   Evidence the applicant has pertinent licensing and/or certification required by federal and state licensing authorities, which are required for said operators of small cells and to use the city's public highways for the proposed installation;
         (h)   Evidence of authorization of the affected pole owner, if the applicant is not the owner; and
         (i)   The information required by § 154-19.02(A), (E), (F), and (G).
   (G)   General development standards applicable to all personal wireless communications facilities in public highways.
      (1)   No personal wireless communication facilities are permitted on public highways facing any building designated as an individual landmark or located within a historic district unless such personal wireless communication facilities are approved through the Design and Historic Review Commission.
      (2)   No personal wireless communication facilities are permitted on public highways facing any building within an Aesthetic Overlay (AO) Designation unless such personal wireless communication facilities are approved through the Design and Historic Review Commission.
      (3)   No signage, other than required identification and safety signage, is permitted on any personal wireless communication facilities on public highways.
      (4)   Lighting of any personal wireless communication facility on public highways is prohibited unless required by another public agency.
      (5)   The owner of any personal wireless communication facility must provide the city with a copy of any notice to the FCC of intent to cease operations. Any personal wireless communication facilities and all associated materials not in use for one year must be removed by the owner and the site must be returned to a state compatible with the surrounding vegetation and/or structure at the owner's expense.
      (6)   The owner of any personal wireless communications facility shall notify the city of the change of ownership for any personal wireless communications facility and the notice must include the contact name, address and phone number of the new owner.
      (7)   Unless specifically stated, all personal wireless communications facilities on public highways are limited to lesser of either:
         (a)   Ten feet in height above the tallest utility pole, other than a utility pole supporting only wireless facilities, that is in place as of January 1, 2018. that is located within 300 feet of the proposed location, and that is in the same right-of-way; or
         (b)   The height limitations of the zoning district in which the public highway is located.
      (8)   All personal wireless communications facilities on public highways must meet all applicable laws, codes, local code provisions and regulations that concern public safety and accessibility.
      (9)   All personal wireless communications facilities on public highways must be disguised and concealed to blend into the existing environment to the greatest degree possible.
      (10)   All personal wireless communications facilities on public highways must have a license to use the public highways.
   (H)   Waiver. A waiver from the restrictions or requirements in this section may be granted by the city, upon the request of the applicant, where the applicant demonstrates that such restriction or requirement unreasonably discriminates among providers of functionally equivalent services pursuant to the United States Telecommunications Act of 1996 (47 U.S.C. § 332(c)(7)(B)(i)(I)) or prohibits or has the effect of prohibiting the provision of wireless communications services pursuant to the United States Telecommunications Act of 1996 (47 U.S.C. § 332(c)(7)(B)(i)(II)) or otherwise violates state law.
(Ord. O2000-35, passed 6-21-2000; Ord. O2010-32, passed 7-7-2010; Ord. O2018-014, passed 8-1-2018)