(a)

The purpose of this article is to regulate all wireless, cellular, television and radio telecommunication facilities, towers and antennas; to minimize the total number of towers within the community necessary to provide adequate personal wireless services to residents of the city; to encourage the joint use of new and existing tower sites among service providers; to encourage the design and construction of facilities, towers and antennas to minimize adverse visual impacts; and to enhance the ability of the providers of wireless telecommunication services to deliver such services to the community effectively and efficiently.

(b)

This article is designed so that the provisions of sections 47-270—47-276 shall govern the installation of telecommunications towers and antennas. The provisions of sections 47-277—47-283 shall govern streaming wireless facilities and antennas within the public rights of way; and in regards to streaming wireless facilities and antennas within the public rights of way, where the provisions of sections 47-277—47-283 are inconsistent with the other provisions of this article, they shall control.

(Min. of 11-10-2016, § 12.1; Ord. No. 2019-0002, § 6, 3-14-2019; Ord. No. 2019-0009, § 6, 11-14-2019)

The general definitions and interpretative rules of this chapter shall also be used. To the extent those general rules or definitions conflict with these specific definitions, these definitions shall control. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alternative tower structure means clock towers, bell towers, church steeples, light/power poles, electric transmission towers, on premises signs, outdoor advertising signs, water storage tanks, and similar natural or manmade alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna means any exterior apparatus designed for wireless telecommunication, radio, or television communications through the sending and/or receiving of electromagnetic waves.

Co-location means the placement of the antennas of two or more service providers upon a single tower or alternative tower structure.

Department means the city planning, zoning and development department.

FAA means the Federal Aviation Administration.

FCC means the Federal Communications Commission.

Geographic antenna placement area means the general vicinity within which the placement of an antenna is necessary to meet the engineering requirements of an applicant's cellular network or other broadcasting need.

Height means, when referring to a tower or other structure, the distance measured from ground level to the highest point on the tower structure or appurtenance.

Preexisting towers and antennas means structures as set forth in section 47-271(d).

Scenic views means those geographic areas containing visually significant or unique natural features, as identified in the city comprehensive plan.

Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guy towers, or monopole towers. The term "tower" includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telecommunication towers, manmade trees (with accessory buildings/structures) and other similar structures.

Visual quality means the appropriate design, arrangement and location of tower structures in relation to the built or natural environment to avoid abrupt or severe differences.

(Min. of 11-10-2016, § 12.2)

(a)

General application. Except as otherwise provided herein, the provisions, requirements and limitations of this article shall govern the location of all wireless telecommunication, cellular telecommunication, television, microwave or radio transmission tower or antenna installed within the city. In the event of any conflict between any other provision of this chapter and this article, this article shall control.

(b)

Governmental exemption. Except as otherwise specifically provided for in this article, the provisions of this article shall not apply to the city's properties, facilities or structures. Private facilities and structures placed upon city property shall be governed by a lease agreement between the city and the provider.

(c)

Amateur radio; receive-only antennas. This article shall not govern any tower, or the installation of any antenna, that is 75 feet or less in height and is owned and operated by a federally-licensed amateur radio station operator from the operator's residence, or is used exclusively as a receive-only antenna; provided, however, only one such tower or antenna per residence shall be excluded from this article.

(d)

Preexisting towers and antennas. Towers and antennas permitted and erected prior to the adoption of the ordinance from which this article is derived or amendment thereto shall be deemed preexisting, and shall not be subject to the requirements of this article. The placement of additional antennas on any nonconforming structure shall not create a vested right for the continued use of the structures should the nonconforming use cease. If an additional antenna is co-located on a legally preexisting tower, the requirements of this article shall be met.

(Min. of 11-10-2016, § 12.3)

(a)

Special use required. A special use permit shall be required for the placement of any tower or alternative tower structure, except as otherwise permitted herein. Procedures for special use permits sought under this article are contained in section 47-273.

(b)

Principal or accessory use. A tower and/or antenna is considered a principal use if located on any lot or parcel of land as the sole or primary structure, and is considered an accessory use if located on a lot or parcel shared with a different existing primary use or existing structures. An existing use or structure on the same lot or parcel shall not preclude the installation of an antenna or tower. For purposes of determining whether the installation of a tower or antenna complies with zoning district requirements, including, but not limited to, setback, buffer and other requirements, the dimensions of the entire lot or parcel shall control, even though the antenna or tower may be located on a leased area within such lot or parcel. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this article shall not be deemed to constitute the expansion of a nonconforming use of structure.

(c)

Co-location of antennas required. Applicants for the erection of a tower or antenna, except amateur radio operators, shall be required to co-locate upon an existing tower structure, if possible. An exception to co-location shall only be made if the applicant submits a report from an engineer demonstrating that an existing tower suitable for co-location does not exist in the geographic antenna placement area, and that no suitable alternative tower structure is available, or if the applicant submits an affidavit showing that while a suitable tower may exist, no space is available thereon. Co-location is permissible provided the new antenna will add no more than ten feet to the height of the tower and related equipment or appurtenances. Increasing the antenna height more than ten feet requires a special use permit. Co-location requires only a building permit, and the information described in section 47-275(b).

(Min. of 11-10-2016, § 12.4)

(a)

General.

(1)

A special use permit shall be required for the construction of a new tower in any zoning district. All such uses shall comply with requirements set forth in this article and all other applicable codes and ordinances, unless the applicant can show that the denial of a permit in such a location will cause a significantly harmful and permanent degradation of service which cannot be overcome by any other means including planned or potential locations which would provide the same or similar coverage or capacity.

(2)

In granting a special use permit, the city may impose conditions to the extent that it concludes such conditions are necessary to minimize adverse effects from the proposed tower on adjoining or nearby properties as set out in subsection (f) of this section.

(b)

Application; contents; fee. All applications for special use permits shall be submitted to the city community development director. Each application shall contain as a part thereof detailed plans and specifications as set forth in section 47-275. An application for a special use permit shall not be accepted for processing without the information required in section 47-275. An application fee shall be charged by the department in the amount stated in section 47-276.

(c)

Independent expert review. The city may engage a licensed professional engineer as an independent expert to review any of the materials submitted by an applicant for a special use permit and render an opinion regarding any concerns about the proposal, including, but not limited to, structural integrity and the feasibility of alternative sites or co-location. Following the review of an independent expert, the city shall convey its concerns to the applicant in writing and shall allow the applicant a reasonable opportunity to address those concerns. If the applicant is unable to satisfactorily address those concerns, the applicant shall be allowed a reasonable amount of time, not to exceed 30 days, following the receipt of the letter in which to modify the application to alleviate the city's concerns or withdraw the application altogether. The expert's opinion shall be considered determinative, unless the applicant agrees to pay the expenses of submitting both opinions for a peer review, which review shall then be considered final. If the independent third-party expert supports the applicant's expert, then the department shall pay the expenses of said third-party expert. If the independent third-party expert supports the position of the department, then the applicant shall pay the expenses of said third-party expert.

(d)

Public hearing. Before taking action upon the proposed special use permit, the city shall hold a public hearing on the matter consistent with the procedures of article XIV of this chapter.

(e)

Considerations in approval or denial of special use permits. Any denial of a request to place, construct or modify a telecommunications facility shall be in writing and supported by substantial evidence contained in a written record. The following factors may be taken into consideration in acting upon a special use permit application under the provisions of this article:

(1)

The height and setbacks of the proposed tower or antenna;

(2)

The proximity of the tower or antenna to residential structures and residential district boundaries;

(3)

The nature of uses on adjacent and nearby properties;

(4)

The surrounding topography;

(5)

The surrounding tree coverage and foliage;

(6)

The design of the tower or antenna, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(7)

The proposed ingress and egress;

(8)

The availability of suitable existing towers or other structures for antenna co-location;

(9)

The impact of the proposed tower or antenna upon scenic views and visual quality of the surrounding area;

(10)

The needs of the applicant as balanced against the detrimental effects on surrounding properties; and

(11)

The impact of the proposed tower or antenna on adjacent and nearby properties.

(f)

Requirements for issuance of special use permit. The special use permit may be issued by the city only upon satisfaction of the following requirements:

(1)

A proper application filed in accordance with the requirements of section 47-275;

(2)

The application is otherwise in compliance with or otherwise is satisfactory in considering the standards contained in subsection (e) of this section;

(3)

The applicant complies with the conditions proposed by the city for the purpose of reducing the harmful effects of the use on surrounding uses and ensuring compatibility with surrounding uses;

(4)

The city determines that the benefits and need for the proposed special use are greater than any possible depreciating effects or damages to neighboring or nearby properties; and

(5)

All fees, including expert fees, have been paid in full.

(g)

Resubmittal of special use application. An application for a special use permit which has been denied shall not be resubmitted for a period of 12 months, and then only if the applicant can document a substantial change in need for a tower or antenna at the same location.

(h)

Time. All co-location applications shall be ruled upon within 90 days of the filing of a completed application; all other applications shall be ruled upon within 150 days of a completed application. Applications which are not completed at the time of filing shall not be accepted, and city staff shall review the application to verify completeness within 30 days from the filing of the application. In the event that an application is determined to not be complete within the initial 30-day period after filing, city staff shall promptly notify the applicant, and the time for issuance of the decision shall be tolled for the time period between such notification to the applicant and the date the applicant files materials which complete the application. The time periods within this subparagraph may be extended by the mutual consent of the city and the applicant.

(Min. of 11-10-2016, § 12.5)

(a)

Setbacks and separation. The following setbacks and separation requirements shall apply to all towers.

(1)

Towers shall be set back a distance equal to the height of the tower from its base to any public right-of-way or occupied structure, or property line of the lot or parcel containing the tower, except when a property owner or adjoining property owner consents in writing to waive the setback and the applicant clearly demonstrates that the tower will collapse within the parent parcel.

(2)

Guy wires and accessory buildings and facilities shall meet the minimum accessory use location and setback requirements.

(3)

In zoning districts other than IND-H, towers shall not be located closer than 500 feet from any existing tower. This requirement shall not apply to amateur radio towers.

(4)

Notwithstanding any other provision of this article, no tower or antenna shall be permitted in a residential neighborhood or within 1,000 feet of any residential dwelling unless the applicant can show that the denial of a permit in such a location will cause a significantly harmful and permanent degradation of service which cannot be overcome by any other means including planned or potential locations which would provide the same or similar coverage or capacity.

(5)

The requirement of subsection (a)(4) of this section may be waived by the adjacent property owner. In such cases, the applicant shall submit a notarized affidavit from the adjacent owner, identifying the property owned, and affirming that he agrees that the tower can be erected at the proposed location, which shall be specifically described, including its distance from that owner's residential dwelling. The affidavit shall further specifically state that the affiant understands that he or she is waiving his rights under this subsection. Waivers shall be required of all property owners whose dwellings are located within 1,000 feet of the proposed tower.

(b)

Aesthetics. The guidelines set forth in this subsection shall govern the design and construction of all towers, and the installation of all antennas, governed by this article and shall be approved by the director.

(1)

Towers and/or antennas shall either maintain a galvanized steel or concrete finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

(2)

At all tower sites, the design of all buildings and related structures shall use materials, colors, textures, screening, and landscaping that will blend the tower facilities to the natural setting and building environment. Any equipment or cabinet that supports telecommunication facilities must be concealed from public view and made compatible with the architecture of the surrounding structures or placed underground. Equipment shelters or cabinets shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained.

(3)

For antennas installed on a structure other than a tower, the antenna and supporting electrical and mechanical ground equipment shall be of a neutral color so as to make the antenna and related equipment visually unobtrusive.

(4)

Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the city may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. The lighting shall be dimmed or changed to red lights from the sunset to sunrise.

(5)

No signage or other identifying markings of a commercial nature shall be permitted upon any tower or alternative tower structure within the city.

(6)

To the extent practical, telecommunication facilities shall not be placed in a direct line of sight with historic or scenic view corridors as designated by the governing body or by any state or federal law or agency.

(7)

Access to the tower site shall be restricted so as to minimize visibility of the access. Where possible, existing roads shall be used. Where no roads exist, access shall follow the existing contours of the land.

(8)

Such other additional requirements as the director shall reasonably require to minimize the visual impact of the site on the surrounding area.

(c)

Security fencing/anti-climbing devices. All towers and supporting equipment shall be enclosed by fencing not less than six feet in height and shall also be equipped with appropriate anti-climbing devices. Fencing shall be of chain link, wood or other approved alternative.

(d)

Landscaping. The following requirements shall govern landscaping surrounding all towers:

(1)

Where adequate vegetation is not present, tower facilities shall be landscaped with a landscaped strip of plant materials which effectively screens the view of the tower compound. Landscaped strips shall be a minimum of ten feet in width and located outside the fenced perimeter of the compound.

(2)

Existing mature tree growth and natural landforms on the site shall be preserved to the maximum extent possible. Where natural vegetation around the perimeter of the site would provide an adequate visual screen, an undisturbed buffer may be utilized. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.

(3)

Landscaping shall be maintained by the provider and shall be subject to periodic review by the director to ensure proper maintenance. Failure to maintain landscaping shall be deemed a violation of this article.

(4)

Amateur radio towers and antennas, or receive-only antennas, shall not be subject to the provision of this subsection unless required by the city through the special use permit process.

(e)

Maintenance impacts. Equipment at a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a collector or local street, access for maintenance vehicles shall be exclusively by means of the collector or local street, utilizing existing access to the property on which such facility is to be located, where possible.

(f)

Review of tower and antenna erection by the airport authority. If, upon receipt of an application for the erection of any tower or alternative tower structure governed by this article, the department deems that the proposed structure may interfere with or affect the use of the airways of the city by the public or interfere with or affect the operation of existing or proposed airport facilities, a copy of the application shall be submitted by the department to the Cartersville-Bartow County Airport Authority for review and recommendation.

(g)

Federal requirements; removal of towers. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, the permittee or the lessee of the tower and antenna governed by this article shall bring such tower and/or antenna into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations unless a more or less stringent compliance schedule is mandated by the controlling federal agency. Failure to bring such tower and/or antenna into compliance with such revised standards and regulations shall be deemed to be a declaration of abandonment of the tower and constitute grounds for the removal of the tower or antenna at the owner's, permittee's, or lessee's expense. Any such removal by the city shall be in the manner provided in the city unfit property ordinance then in effect.

(h)

Building codes; safety standards; removal of towers. To ensure the structural integrity of towers, the owner, permittee or subsequent lessee of a tower or alternative tower structure shall ensure that it is maintained in compliance with standards contained in applicable standard building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the department concludes that a tower fails to comply with all applicable codes and standards, or constitutes a danger to persons or property, then upon receipt of written notice by the owner, permittee or lessee of the tower, said party shall have 15 days to bring the tower into compliance with such standards. Failure to bring such tower into compliance within 15 days shall be deemed a declaration of abandonment of the tower and constitute grounds for removal of the tower as provided in the city unfit property ordinance. Prior to the removal of any tower, the department may consider detailed plans submitted by the owner, permittee or subsequent lessee for repair of substandard towers, and may grant a reasonable extension of the above-referenced compliance period. Abandoned towers or towers deemed unsafe may also be removed under the city unfit property ordinance procedures.

(i)

Change of ownership notification. Upon the transfer of ownership of an interest in any tower, alternative tower structure, or lot upon which such a structure has been erected, the tower permittee shall notify the department of the transaction in writing within 30 days.

(Min. of 11-10-2016, § 12.6)

(a)

General application requirement. Application for a permit for any telecommunication facility shall be made to the department by the person, company or organization that will own and operate the telecommunications facility. An application will not be considered until it is complete. The director is authorized to develop application forms to assist in providing the required information and facilitate the application process. Except for a co-location information submittal under subsection (b) of this section, the following information shall be submitted when applying for any permit required by this article and must be submitted for an application to be considered complete:

(1)

Site plan or plans to scale specifying the location of telecommunications facilities, transmission building and/or other accessory uses, access, parking, fences, landscaped areas, and adjacent land uses. Applicants shall submit both a paper location map and a digitized location map in a format compatible with the GIS software currently utilized by the city information services department.

(2)

Landscaped plan to scale indicating size, spacing and type of plantings required in section 47-274(d).

(3)

A full description of the environment surrounding the proposed telecommunications facility, including any adjacent residential structures and districts, structures and sites of historic significance, streetscapes or scenic view corridors.

(4)

A description of anticipated maintenance needs for the telecommunications facility, including frequency of service, personnel needs, equipment needs, and traffic or safety impacts of such maintenance.

(5)

Report from a professional qualified engineer licensed in the state, or other appropriate qualified industry expert, documenting the following:

a.

Tower or antenna type, height, and design;

b.

Engineering, economic, and other pertinent factors governing selection of the proposed design;

c.

Total anticipated capacity of the telecommunications facility, including numbers and types of antennas which can be accommodated;

d.

Evidence of structural integrity of the tower or alternative tower structure;

e.

Structural failure characteristics of the telecommunications facility and demonstration that site and setbacks are of adequate size to contain debris;

f.

Certification that the antenna and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety;

g.

Certification that the proposed height of the tower is the minimum height necessary for coverage; and

h.

A propagation study which documents the proposed location is the only location for the tower that reduces alleged gaps in coverage.

(6)

Identification of the geographic service area for the subject installation, including a map showing the proposed site and the nearest or associated telecommunications facility sites within the network. Describe the distance between the telecommunications facility sites. Describe how this service area fits into and is necessary for the service network (i.e., whether such antenna or tower is needed for coverage or capacity.)

(7)

The applicant must provide a utilities inventory showing the locations of all water, sewage, drainage and power line easements impacting the proposed tower site.

(8)

The applicant must provide any other information which may be requested by the department to fully evaluate and review the application and the potential impact of a proposed telecommunications facility.

(b)

Tower co-location information submittals. Any person or entity co-locating an antenna or antennas on a tower for which a permit has already been issued shall submit the following information only:

(1)

The name of the person or entity co-locating the antenna.

(2)

The name of the owner of the tower.

(3)

The tower's permit number.

(4)

The location of the tower.

(5)

The remaining structural capacity of the tower.

(6)

Certification that the antenna and related equipment or appurtenances comply with all current regulations of the FCC, with specific reference to FCC regulations governing non-ionizing electromagnetic radiation (NIER), and that the radio frequency levels meet the American National Standards Institute (ANSI) guidelines for public safety.

(Min. of 11-10-2016, § 12.7)

(a)

Special use permit. The fee for an application seeking a special use permit to erect a new tower on an alternative tower structure shall be $3,000.00.

(b)

Co-location. There shall be no fee for an application seeking a special use permit for co-location on an existing tower or alternative tower structure other than the building permit fee.

(c)

Building permit fees. In addition to the application fees set forth herein, the applicable construction and utility inspection permit fees in effect at the time of the application for the permit shall apply.

(Min. of 11-10-2016, § 12.8)

(a)

O.C.G.A. § 32-4-92(a)(10) authorizes the city to establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads of the city. Further, 47 U.S.C. § 253(c) provides that the city has authority to manage its public rights-of-way. Finally, the Georgia Streamlining Wireless Facilities and Antennas Act., O.C.G.A. tit. 36, ch. 66C (the "SWFAA"), addresses the placement of small wireless facilities in the public rights of way of the city.

(b)

The city finds it is in the best interest of the city and its residents and businesses to establish requirements, specifications, and reasonable conditions regarding placement of small wireless facilities and poles in the public rights of way. These requirements, specifications, and conditions are adopted in order to protect the public health, safety, and welfare of the residents and businesses of the city and to reasonably manage and protect the public rights of way and its uses in the city.

(c)

The objective of this article is to:

(1)

Implement the SWFA; and

(2)

Ensure use of the public rights-of-way is consistent with the design, appearance and other features of nearby land uses, protect the integrity of historic, cultural and scenic resources, and not harm residents' quality of life.

(Ord. No. 2019-0009, § 6, 11-14-2019)

Editor's note— Ord. No. 2019-0009, § 6, adopted November 14, 2019, repealed the previous § 47-277, which pertained to wireless telecommunications and small cell structures and derived from Ord. No. 2019-0002, adopted May 14, 2019.

As used in this article, the following terms have the following meanings:

Antenna means:

(1)

Communications equipment that transmits, receives, or transmits and receives electromagnetic radio frequency signals used in the provision of wireless services or other wireless communications; or

(2)

Communications equipment similar to equipment described in subsection (1) used for the transmission, reception, or transmission and reception of surface waves.

Such term shall not include television broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.

Applicable codes means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization to the extent such codes have been adopted by the state or the city or are otherwise applicable in the city.

Applicant means any person that submits an application.

Application means a written request submitted by an applicant to the city for a permit to:

(1)

Collocate a small wireless facility in a right-of-way; or

(2)

Install, modify, or replace a pole or decorative pole in a right of way on which a small wireless facility is or will be located.

Authority means any county, consolidated government, or municipality or any agency, district, subdivision, or instrumentality thereof. Such term shall not include an electric supplier.

Authority pole means a pole owned, managed, or operated by or on behalf of the city. Such term shall not include poles, support structures, electric transmission structures, or equipment of any type owned by an electric supplier.

Collocate or collocation means to install, mount, modify, or replace a small wireless facility on or adjacent to a pole, decorative pole, or support structure.

Communications facility means the set of equipment and network components, including wires and cables and associated equipment and network components, used by a communications service provider to provide communications services.

Communications service provider means a provider of communications services.

Communications services means cable service as defined in 47 U.S.C. § 522(6); telecommunications service as defined in 47 U.S.C. § 153(53); information service as defined in 47 U.S.C. § 153(24), as each such term existed on January 1, 2019; or wireless services.

Consolidated application means an application for the collocation of multiple small wireless facilities on existing poles or support structures or for the installation, modification, or replacement of multiple poles and the collocation of associated small wireless facilities.

Decorative pole means an authority pole that is specially designed and placed for aesthetic purposes.

Electric supplier means any electric light and power company subject to regulation by the Georgia Public Service Commission, any electric membership corporation furnishing retail service in this state, and any municipality which furnishes such service within this state.

Eligible facilities request means an eligible facilities request as set forth in 47 C.F.R. § 1.40001(b)(3), as it existed on January 1, 2019.

FCC means the Federal Communications Commission of the United States.

Fee means a one-time, nonrecurring charge based on time and expense.

Historic district means:

(1)

Any district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior of the United States in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified by 47 C.F.R. Part 1;

(2)

Any area designated as a historic district under O.C.G.A. tit. 44, ch. 10, art. 2, the Georgia Historic Preservation Act; or

(3)

Any area designated as a historic district or property by law prior to April 26, 2019.

Law means and includes any and all federal, state, or local laws, statutes, common laws, codes, rules, regulations, orders, or ordinances.

Micro wireless facility means a small wireless facility not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height that has an exterior antenna, if any, no longer than 11 inches.

Permit means a written authorization, in electronic or hard copy format, required to be issued by the city to initiate, continue, or complete the collocation of a small wireless facility or the installation, modification, or replacement of a pole or decorative pole upon which a small wireless facility is collocated.

Person means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority.

Pole means a vertical pole such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal, or other material that is lawfully located or to be located within a right of way, including without limitation a replacement pole and an authority pole. Such term shall not include a support structure, decorative pole, or electric transmission structure.

Rate means a recurring charge.

Reconditioning work means the activities associated with substantially painting, reconditioning, improving, or repairing authority poles.

Replace, replacement, or replacing means to replace a pole or decorative pole with a new pole or a new decorative pole, similar in design, size, and scale to the existing pole or decorative pole consistent with 47 C.F.R. § 1.40001(b)(7) as it existed on January 1, 2019, in order to address limitations of, or change requirements applicable to, the existing pole to structurally support the collocation of a small wireless facility.

Replacement work means the activities associated with replacing an authority pole.

Right-of-way means, generally, property or any interest therein, whether or not in the form of a strip, which is acquired for or devoted to a public road; provided, however, that such term shall apply only to property or an interest therein that is under the ownership or control of the city and shall not include property or any interest therein acquired for or devoted to an interstate highway or the public rights, structures, sidewalks, facilities, and appurtenances of buildings for public equipment and personnel used for or engaged in administration, construction, or maintenance of public roads or research pertaining thereto or scenic easements and easements of light, air, view and access.

Small wireless facility means radio transceivers; surface wave couplers; antennas; coaxial, fiber optic, or other cabling; power supply; backup batteries; and comparable and associated equipment, regardless of technological configuration, at a fixed location or fixed locations that enable communication or surface wave communication between user equipment and a communications network and that meet both of the following qualifications:

(1)

Each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and

(2)

All other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume, measured based upon the exterior dimensions of height by width by depth of any enclosure that may be used. The following types of associated ancillary equipment are not included in the calculation of the volume of all other wireless equipment associated with any such facility: electric meters; concealment elements; telecommunications demarcation boxes; grounding equipment; power transfer switches; cut-off switches; and vertical cable runs for connection of power and other services. Such term shall not include a pole, decorative pole, or support structure on, under, or within which the equipment is located or collocated or to which the equipment is attached and shall not include any wireline backhaul facilities or coaxial, fiber optic, or other cabling that is between small wireless facilities, poles, decorative poles, or support structures or that is not otherwise immediately adjacent to or directly associated with a particular antenna.

State means the State of Georgia.

Support structure means a building, billboard, water tank, or any other structure to which a small wireless facility is or may be attached. Such term shall not include a decorative pole, electric transmission structure, or pole.

Wireless infrastructure provider means any person, including a person authorized to provide telecommunications services in this state, that builds, installs, or operates small wireless facilities, poles, decorative poles, or support structures on which small wireless facilities are or are intended to be used for collocation but that is not a wireless services provider.

Wireless provider means a wireless infrastructure provider or a wireless services provider.

Wireless services means any services provided to the public using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile.

Wireless services provider means a person that provides wireless services.

Wireline backhaul facility means an aboveground or underground wireline facility used to transport communications data from a telecommunications demarcation box associated with a small wireless facility to a network.

In the event that any federal or state law containing definitions used in this article is amended, the definition in the referenced section, as amended, shall control.

(Ord. No. 2019-0009, § 6, 11-14-2019)

(a)

A permit is required to collocate a small wireless facility in the public right of way or to install, modify, or replace a pole or a decorative pole in the public right of way. A permit is not required to perform the activities described in O.C.G.A. § 36-66C-6(e) or (f).

(1)

The collocation can be on or adjacent to a pole, decorative pole, or a support structure. Poles and decorative poles by definition are in the right of way, and support structures may be located outside of the right of way. However, permitting support structures is not part of this process.

(b)

Any person seeking to collocate a small wireless facility in the public right of way or to install, modify, or replace a pole or a decorative pole in the public right of way shall submit an application to the city community development director for a permit. Applications are available from the community development director. The application template is included as exhibit A to the ordinance from which this section derived, and the application requirements are listed below in subsection 47-279(d) of this article. Any material change in information contained in an application shall be submitted in writing to the community development director for the city within 30 days after the events necessitating the change.

(c)

Each application for a permit shall include the maximum application fees: $100.00 per existing pole, $250.00 per replacement pole, and $1,000.00 per new pole as permitted under O.C.G.A. § 36-66C-5(a)(1), (a)(2) and (a)(3). Such maximum application fees shall automatically increase by 2.5 percent annually on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).

(1)

If the FCC issues an order regarding fees that is overturned or modified, the SWFAA fees are capped at what is determined to be "fair and reasonable."

(d)

Applications shall be made by the applicable wireless provider or its duly authorized representative and shall contain the following:

(1)

The applicant's name, address, telephone number, and email address, including emergency contact information for the applicant;

(2)

The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application;

(3)

A general description of the proposed work and the purposes and intent of the proposed facility. The scope and detail of such description shall be appropriate to the nature and character of the physical work to be performed, with special emphasis on those matters likely to be affected or impacted by the physical work proposed;

(4)

Detailed construction drawings regarding the proposed use of the right of way;

(5)

To the extent the proposed facility involves collocation on a pole, decorative pole, or support structure, a structural report performed by a duly-licensed engineer evidencing that the pole, decorative pole, or support structure will structurally support the collocation, or that the pole, decorative pole, or support structure may and will be modified to meet structural requirements, in accordance with applicable codes;

(6)

For any new aboveground facilities, visual depictions or representations if such are not included in the construction drawings;

(7)

Information indicating the horizontal and approximate vertical location, relative to the boundaries of the right of way, of the small wireless facility for which the application is being submitted;

(8)

If an application is reasonable and does not impose technical limitations or significant additional costs and the pole or replacement decorative pole applied for cannot be collocated on an existing pole or support structure in which the wireless provider has the right to collocate. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination;

(9)

If the small wireless facility will be collocated on a pole or support structure owned by a third party, other than an authority pole or a decorative pole, a certification that the wireless provider has permission from the owner to collocate on the pole or support structure; and

(10)

If the applicant is not a wireless services provider, a certification that a wireless services provider has requested in writing that the applicant collocate the small wireless facilities or install, modify, or replace the pole or decorative pole at the requested location.

(e)

The community development director for the city shall review applications for permits according to the timelines and using the procedures identified in O.C.G.A. § 36-66C-7 and section 47-279 of this article for review of applications and O.C.G.A. § 36-66C-13 for consolidated applications.

(f)

Within 20 days of receipt of a written application, the community development director in good faith shall:

(1)

Notify the applicant in writing of the commencement and completion dates of any widening, repair, reconstruction, or relocation of the applicable right of way that is scheduled to commence, or is anticipated in good faith to commence, within 24 months after the application is filed;

(2)

Notify the applicant of any aspect of the application that appears to be grounds for the authority's denial of the application pursuant to subsection (o) of this section; and

(3)

Determine whether the application is complete and inform the applicant of its determination in writing.

(g)

If the community development director determines that an application is incomplete, it shall specifically identify to the applicant in writing all missing information within such 20-day period; otherwise the application is deemed complete;

(1)

If the community development director identifies missing information to the applicant as provided in this paragraph, the applicant may submit such missing information to the authority within 20 days of receipt of notification in writing from the authority that the application is incomplete without paying any additional application fee, and any subsequent review of the application by the authority for completeness shall be limited to the previously identified missing information;

(2)

If the community development director determines that an application remains incomplete, or if the authority determines that the applicant has made material changes to the application other than to address the missing information identified by the authority, the authority shall notify the applicant of such determination in writing within ten days of receipt of the resubmission of the written application, and absent an agreement to the contrary between the authority and the applicant that is confirmed by email or other writing, such notice shall constitute a denial of the application; and

(3)

If the community development director does not provide such written notification to the applicant within this ten-day period, the application shall be deemed complete.

(h)

The community development director shall make its final decision to approve or deny the application within 30 days of the written determination that the application is complete or when the application is deemed complete under this section, whichever is earlier, for a collocation, and within 70 days of the written determination that the application is complete or when the application is deemed complete under this section, whichever is earlier, for the installation, modification, or replacement of a pole or decorative pole.

(i)

A decision to deny an application pursuant to this section shall be in writing, shall identify all reasons for the denial, and shall identify the provisions of applicable codes or other standards applicable pursuant to this section. The decision to deny shall be sent contemporaneously and will not end the review period until its decision is delivered to the applicant.

(j)

If the community development director fails to act on an application within the applicable review period, the applicant may submit to them a written notice that the time period has lapsed. The notice gives the community development director 20 days, after receipt of notice, to render its written decision. If the city does not render a written decision, then the application shall be deemed approved.

(k)

If an area is designated solely for underground or buried facilities of communications and electric service providers, then the service providers must not install poles in a right of way above ground unless the wireless providers seek a waiver of the underground requirement for placement of a new pole to support small wireless facilities consistent with applicable law.

(l)

A city that adopts undergrounding requirements shall allow a wireless provider to maintain in place any previously collocated small wireless facilities subject to any applicable pole attachment agreement or to allow the wireless provider to replace the pole previously collocated at the same location or to propose an alternate location within 50 feet of the prior location, unless the alternate location imposes technical limits or significant additional cost.

(m)

A permit from the city does not grant the applicant a license or authorization to impinge upon the rights of others that may already have an interest in the right of way. The collocation, installation, modification, or replacement for which a permit is issued shall be completed within six months after issuance:

(1)

An extension shall be granted for up to an additional six months upon written request made to the authority before the end of the initial six-month period if a delay results from circumstances beyond the reasonable control of the applicant.

(n)

Applications for permits shall be approved except as follows:

(1)

In order to receive a permit to install a pole or replace a decorative pole, the applicant must have determined after diligent investigation that it cannot meet the service objectives of the permit by collocating on an existing pole or support structure on which:

a.

The applicant has the right to collocate subject to reasonable terms and conditions; and

b.

Such collocation would not impose technical limitations or significant additional costs.

The applicant shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination.

(2)

The community development director may deny an application for a permit upon any of the conditions identified in O.C.G.A. § 36-66C-7(j) as described subsection 47-279(o) of this article.

(3)

For applications for new poles in the public right of way in areas zoned for residential use, the community development director may propose an alternate location in the public right of way within 100 feet of the location set forth in the application, and the wireless provider shall use the community development director's proposed alternate location unless the location imposes technical limits or significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and it shall provide a written summary of the basis for such determination.

(o)

An application for permitted uses as described in O.C.G.A § 36-66C-6 shall be approved unless the requested collocation of a small wireless facility or requested installation, modification, or replacement of a pole or decorative pole:

(1)

Interferes with the operation of traffic control equipment; with sight lines or clear zones for transportation or pedestrians;

(2)

Fails to comply with the federal Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., or similar laws of general applicability regarding pedestrian access or movement;

(3)

Requests that ground-mounted small wireless facility equipment be located more than 7.5 feet in radial circumference from the base of the pole, decorative pole, or support structure to which the small wireless facility antenna would be attached, provided that the authority shall not deny the application if a greater distance from the base of the pole, decorative pole, or support structure is necessary to avoid interfering with sight lines or clear zones for transportation or pedestrians or to otherwise protect public safety;

(4)

Fails to comply with the maximum limitations for fees set forth in O.C.G.A § 36-66C-6(h) or the requirements of O.C.G.A § 36-66C-6(i) regarding exclusive arrangements;

(5)

If an application to install a pole or decorative pole interferes with the widening, repair, reconstruction, or relocation of a public road or highway by an authority or the department of transportation that has been advertised for bid and scheduled for completion within six months after the application is filed;

(6)

If an application to install a pole or decorative pole interferes with a public works construction project governed by O.C.G.A. tit. 36, ch. 91 and scheduled for completion within six months after the application is filed;

(7)

Fails to comply with O.C.G.A § 36-66C-10 regarding historic districts, O.C.G.A § 36-66C-11 regarding alternate locations in right of way, and O.C.G.A § 36-66C-12 regarding decorative pole replacements;

(8)

Fails to comply with laws of general applicability that are not inconsistent with O.C.G.A § 36-66C, that address pedestrian and vehicular traffic, safety requirements, or the occupancy or management of the right of way.

(p)

A permit issued under this article shall authorize such person to occupy the public rights of way to:

(1)

Collocate a small wireless facility on or adjacent to a pole or a support structure that does not exceed the height limitations set forth in O.C.G.A. § 36-66C-7(h)(3) or on or adjacent to a decorative pole in compliance with O.C.G.A. § 36-66C-12; and

(2)

Install, modify, or replace a pole or decorative pole for collocation of a small wireless facility that does not exceed the height limitations set forth in O.C.G.A. § 36-66C-7(h)(1) and (h)(2).

(q)

Upon the issuance of a permit under this section, and on each anniversary of such issuance, every person issued a permit shall submit to the city the maximum annual payments permitted under O.C.G.A. § 36-66C-5(a)(4) and (a)(5); provided, however, that if such person removes its small wireless facilities from the public rights-of-way pursuant to O.C.G.A. § 36-66C-5(e), then such person shall be responsible for the pro rata portion of the annual payment based on the number of days of occupation since the last annual payment. Upon making such pro rata payment and removal of the small wireless facilities, the person's annual payment obligations under this section shall cease as of the date of the actual removal. The maximum annual payments shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).

(r)

Any person issued a permit shall pay the fees, regarding make-ready work or generally applicable nondiscriminatory fees as identified in O.C.G.A. § 36-66C-5(a)(6) and (a)(7), as applicable.

(s)

The city may revoke a permit issued pursuant to this article if the wireless provider or its equipment placed in the public right-of-way under that permit subsequently is not in compliance with any provision of this article or the Georgia Streamlining Wireless Facilities and Antennas Act. Upon revocation, the city may proceed according to subsection 47-279(t).

(t)

If a wireless provider occupies the public rights-of-way without obtaining a permit required by this section or without complying with the SWFAA, then the city may, at the sole discretion of the city, restore the right-of-way, to the extent practicable in the reasonable judgment of the city, to its condition prior to the unpermitted collocation or installation and to charge the responsible wireless provider the reasonable, documented cost of the city in doing so, plus a penalty not to exceed $1,000.00, as authorized under O.C.G.A. § 36-66C-6(b). The city may suspend the ability of the wireless provider to receive any new permits from the city under this section until the wireless provider has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the city may not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.

(u)

All accepted applications for permits shall be publicly available subject to the limitations identified in O.C.G.A. § 36-66C-6(c), which state that upon a reasonable belief portions of the application may be designated as containing trade secrets.

(v)

An applicant may file a consolidated application related to multiple small wireless facilities, poles or decorative poles so long as such consolidated application meets the requirements of O.C.G.A. § 36-66C-13.

(w)

Activities authorized under a permit shall be completed within the timelines provided in O.C.G.A. § 36-66C-7(k)(2), which states that permits issued hereunder shall be completed within six months after issuance. An additional six-month extension shall be granted upon written request, if such written request is made prior to the end of the initial six-month period, if a delay results from circumstances beyond the reasonable control of the applicant.

(x)

Issuance of a permit authorizes the applicant to:

(1)

Undertake the collocation, installation, modification or replacement approved by the permit; and

(2)

Operate and maintain the small wireless facilities and any associated pole covered by the permit for a period of at least ten years.

(y)

Permits shall be renewed following the expiration of the minimum ten-year term and upon the terms and conditions identified in O.C.G.A. § 36-66C-7(k)(2)(B) regarding grounds for denial of applications and the widening, repair, reconstruction, or relocation of roads, poles, support structures, or small wireless facilities.

(z)

If an application for a permit seeks to collocate small wireless facilities on authority poles in the public rights of way, then the city shall, within 60 days of receipt of the completed application:

(1)

Provide a good faith estimate for any make-ready work necessary to enable the authority pole to support the proposed facility; or

(2)

Notify the wireless provider that the wireless provider will be required to perform the make-ready work.

Any make-ready work performed by the city shall be completed within 90 days of receipt of written acceptance of the good faith estimate by the wireless provider. Such acceptance shall be signified by payment of check or other commercially reasonable and customary means pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(n).

(Ord. No. 2019-0009, § 6, 11-14-2019)

(a)

A person may remove its small wireless facilities from the public rights-of-way if they give the city a minimum of 30 days written notice prior to removal pursuant to the procedures of O.C.G.A. § 36-66C-5(e).

(b)

If a wireless provider's activity in a right of way creates an imminent risk to public safety, the city may provide written notice to the wireless provider and demand that the wireless provider address such risk. If the wireless provider fails to reasonably address the risk within 24 hours of the written notice, the city may take or cause to be taken action to reasonably address such risk and charge the wireless provider the reasonable documented cost of such actions.

(c)

The city may require a wireless provider to repair all damage to a right of way directly caused by their activities while occupying, installing, repairing, or maintaining small wireless facilities, poles, or support structures, and to restore the right of way to its condition before the damage occurred. If the wireless provider fails to return the right of way, to the extent practicable within 90 days of receipt of written notice from the city, the city may, at the sole discretion of the city, restore the right of way to such condition and charge the wireless provider its reasonable, documented cost of doing so, plus a penalty not to exceed $500.00.

(1)

The city may suspend the ability of the wireless provider to receive any new permits from them until the wireless provider has paid the assessed restoration costs and penalty, if any;

(2)

The city shall not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.

(d)

In the event of a removal under section 47-280, the right-of-way shall be, to the extent practicable in the reasonable judgment of the city, restored to its condition prior to the removal. If a person fails to return the right-of-way, to the extent practicable in the reasonable judgment of the city, to its condition prior to the removal within 90 days of the removal, the city may, at the sole discretion of the city, restore the right-of-way to such condition and charge the person the city's reasonable, documented cost of removal and restoration, plus a penalty not to exceed $500.00, as authorized under O.C.G.A. § 36-66C-5(e). The city may suspend the ability of the person to receive any new permits under section 47-279 until the person has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the city will not suspend such ability of any person that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.

(e)

If, in the reasonable exercise of police powers, the city determines:

(1)

A pole or support structure unreasonably interferes with the widening, repair, reconstruction, or relocation of a public road or highway; or

(2)

Relocation of poles, support structures, or small wireless facilities is required as a result of a public project, the wireless provider shall relocate such poles, support structures, or small wireless facilities pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(l).

If the wireless provider fails to relocate a pole, support structure or small wireless facility or fails to provide a written good faith estimate of the time needed to relocate the pole, support structure or small wireless facility within the time period prescribed in O.C.G.A. § 36-66C-7(l), the city may take the actions authorized by O.C.G.A. § 36-66C-7(o), in addition to any other powers under applicable law.

(f)

The city shall use reasonable efforts to provide the wireless provider with written notice of reconditioning or replacement work at least 120 days before such work begins. Notice less than 30 days prior to the work beginning shall be prohibited. The city shall recondition and replace authority poles consistent with the provisions of O.C.G.A. § 36-66C-7(m) regarding further notice, time limits, costs and payment of costs, removal, and protection of the wireless provider's communications facilities. Wireless providers shall accommodate and cooperate with reconditioning and replacement consistent with the provisions of O.C.G.A. § 36-66C-7(m).

(g)

A wireless provider must notify the city of its decision to abandon any small wireless facility, support structure or pole in writing no later than 30 days prior to abandonment pursuant to O.C.G.A. § 36-66C-7(p)(1). The wireless provider shall perform all acts and duties identified in O.C.G.A. § 36-66C-7(p) regarding abandonment. If the wireless provider fails to remove the abandoned small wireless facility, support structure, or pole within 90 days after such notice, the city may remove the abandoned small wireless facility, support structure, or pole and recover the actual and reasonable expenses of doing so from the wireless provider. The city may take all actions and exercise all powers authorized under O.C.G.A. § 36-66C-7(p) upon abandonment, in addition to any other powers under applicable law.

(h)

An authority shall send any notice or decision required under this ordinance by registered or certified mail, statutory overnight delivery, hand delivery, or email transmission. The decision or notice shall be deemed delivered upon email transmission, deposit into overnight mail or regular mail receptacle with adequate postage paid, or actual receipt if delivered by hand.

(i)

During the installation and maintenance process, right of way applicants shall employ due care with all safety and protection required by generally applicable law.

(j)

A right-of-way applicant shall not place any small wireless facilities, support structures, poles, or decorative poles where they will unnecessarily interfere with any existing infrastructure, equipment, vehicular or pedestrian traffic patterns, or the rights and convenience of property owner's right-of-way.

(Ord. No. 2019-0009, § 6, 11-14-2019)

(a)

Small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities may be placed in the public right of way as a permitted use:

(1)

Upon a receipt of a permit under section 47-279;

(2)

Subject to applicable codes; and

(3)

So long as such small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities comply with the appropriate provisions of O.C.G.A. § 36-66C-7(h) regarding height and location.

(b)

New, modified, or replacement poles installed in the right-of-way in a historic district and in an area zoned primarily for residential use shall not exceed 50 feet above ground level.

(c)

Each new, modified, or replacement pole installed in the right of way that is not in a historic district or in an area zoned primarily for residential use shall not exceed the greater of:

(1)

50 feet above ground level; or

(2)

Ten feet greater in height above ground level than the tallest existing pole in the same public right of way in place as of January 1, 2019, and located within 500 feet of the new proposed pole.

(d)

New small wireless facilities in the public right of way and collocated on an existing pole or support structure shall not exceed more than ten feet above the existing pole or support structure.

(e)

New small wireless facilities in the public right-of-way collocated on a new or replacement pole under subsection 47-281(b) or (c) may not extend above the top of such poles.

(f)

A decorative pole should only be located where an existing pole can be removed and replaced, or at a new location where the city has identified that a streetlight is necessary.

(g)

Unless it is determined that another design is less intrusive, or placement is required under applicable law, small wireless facilities shall be concealed as follows:

(1)

Antennas located at the top of poles and support structures shall be incorporated into the pole or support structure, or placed within shrouds of a size such that the antenna appears to be part of the pole or support structure;

(2)

Antennas placed elsewhere on a pole or support structure shall be integrated into the pole or support structure, or be designed and placed to minimize visual impacts.

(3)

Radio units or equipment cabinets holding radio units and mounted on a pole shall be placed as high as possible, located to avoid interfering with, or creating any hazard to, any other use of the public rights of way, and located on one side of the pole. Unless the radio units or equipment cabinets can be concealed by appropriate traffic signage, radio units or equipment cabinets mounted below the communications space on poles shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the pole on which they are placed.

(4)

Wiring and cabling shall be neat and concealed within or flush to the pole or support structure, ensuring concealment of these components to the greatest extent possible.

(h)

Notwithstanding any provision of this article to the contrary, an applicant may collocate a small wireless facility within a historic district, and may place or replace a pole within a historic district, only upon satisfaction of the following:

(1)

Issuance of a permit under section 47-279; and

(2)

Compliance with applicable codes.

(i)

Notwithstanding any provision of this article to the contrary, an applicant may collocate a small wireless facility on a decorative pole, or may replace a decorative pole with a new decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfaction of the following:

(1)

Issuance of a permit under section 47-279; and

(2)

Compliance with applicable codes.

(Ord. No. 2019-0009, § 6, 11-14-2019)

Decisions under this article may be appealed in the same manner as other decisions of the community development director.

(Ord. No. 2019-0009, § 6, 11-14-2019)

(a)

A permittee under this article shall by application for the permit and performance pursuant to the permit in the right of way indemnify and hold the city and its officers and employees harmless against any claims, lawsuits, judgments, costs, liens, losses, expenses, or fees arising from the permittee's negligence and causing harm resulting in claims, lawsuits, judgments, costs, liens, losses, expenses, or fees.

(b)

If the city entered an agreement with a wireless provider addressing the subject matter of this chapter prior to October 1, 2019:

(1)

This chapter shall not apply until such agreement expires or is terminated pursuant to its terms with regard to poles, decorative poles, support structures, replacement poles, and small wireless facilities installed pursuant to such agreement prior to October 1, 2019; and

(2)

Otherwise, the provisions of this chapter shall apply to poles, decorative poles, support structures, replacement poles, and small wireless facilities installed on or after October 1, 2019.

(Ord. No. 2019-0009, § 6, 11-14-2019)