2019.03.18 ORD 2019-495 Public Right-of-Way and Telecommuications

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Ordinance 2019-495 Right-of-way and Telecommunication Ordinance required for the work specified in this paragraph regardless of whether the applicant also possesses an excavation permit or an obstruction permit. (4) Small Wireless Conditional Use permit. A conditional use permit is required to install anew wireless support structure in a right-of-way where the underlying district or area is zoned for single-family residential use or is in a historic district established by federal or state law or city ordinance. All proposed small wireless facility and support structure shall be compatible with the character of the surrounding area and use design, materials, colors, textures, screening, and landscaping to blend in with the natural setting and built environment. Chapter 82, Article IV, Sec. 82-307. — Issuance of Permit; Conditions Add the following: (c) Small Wireless Facility Conditions. In addition to part b, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions. (1) When feasible, a small wireless facility shall be collocated on an existing wireless support structure in the right-of-way. In addition, each new wireless support structure shall be designed to allow the collocation of wireless facilities. A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application; (2) All small wireless facilities and support structures shall be compatible with the character of the surrounding area, and structure it is placed on, and use design, materials, colors, textures, screening, and landscaping to blend in with the natural setting and built environment. Any deviations from this requirement must be requested by the applicant as part of the small wireless facility permit application, and if granted by the City, will be provided for in the Collocation Agreement; (3) New wireless support structures installed within the right-of-way shall not exceed 50 feet in height without the City's written authorization. The City may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use. Any lower height limit imposed by the City shall comply with maximum heights allowed in the applicable zoning districts, this shall include but is not limited to utility poles and street lights in the area. An applicant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. (4) No wireless facility may extend more than 10 feet above its wireless support structure; (5) Where an applicant proposes to install a new wireless support structure in the right-of-way, the City may impose reasonable separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of-way; (6) Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the applicant shall design the wireless support structure to be compatible with the character of the surrounding