§ 50-151. Purpose and scope.

(a)

The purpose of this chapter is to provide policies and procedures for the placement of small wireless facilities in certain rights-of-way within the jurisdiction of the city, which will provide a public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the city rights-of-way and the city as a whole. The chapter shall not be construed to address the permitting of small wireless facilities outside of the rights-of-way, either on private property or other publicly-owned property. The city shall regulate the placement of small wireless facilities on private property through provisions in its zoning and building codes.

(b)

It is the intent of this chapter to facilitate the rapid deployment of small cell facilities to provide the citizens with the benefits of advanced wireless services.

(c)

It is the intent of this chapter to establish uniform standards associated with the small wireless facilities including, but not limited to, the following:

(1)

Prevent interference with the use of streets, sidewalks, alleys, parkways, poles, and other public ways and places;

(2)

Prevent visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

(3)

Prevent interference with other facilities and operations of facilities lawfully located in city rights-of-way or public property;

(4)

Protection against environmental damage, including damage to trees or shrubbery including, but not limited to, those items planted pursuant to city landscaping, zoning, tree preservation, or other city policies;

(5)

Preservation of the property values of neighborhoods in which small wireless facilities are installed or proposed;

(6)

Preservation of the character of historic structures including but not limited to such structures or neighborhoods listed on the National Register of Historic Places and/or local historic preservation districts or historic districts;

(7)

Preservation of public rights-of-way and areas with underground utility facilities where small wireless facilities would be cost prohibitive and aesthetically incompatible;

(8)

Preservation of public rights-of-way with insufficient space to accommodate small wireless facilities; and

( Ord. No. 2019-03-08 , § II, 3-5-2019)