Lincoln City Zoning Code
DIVISION 4.18
Small Cell Wireless Communication
§ 4.18.1 Purpose and scope.
A.
Purpose. The purpose of this division is to provide policies and procedures for the placement of small wireless facilities, which will provide a public benefit consistent with the preservation of the integrity, safe usage, and visual qualities of the City and comply with applicable state and federal laws, regulations and guidelines.
B.
Intent. In enacting this division, the City is establishing uniform standards to address issues presented by small wireless facilities, including without limitation:
(1)
Health, safety, and welfare of citizens;
(2)
Limit interference with the use of streets, sidewalks, alleys, parkways, public utilities, public views, certain City corridors, and other public ways and places;
(3)
Limit the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;
(4)
Limit interference with the facilities and operations of facilities lawfully located in rights-of-way or public property;
(5)
Limit environmental damage, including damage to trees;
(6)
Respect the character of the neighborhoods in which facilities are installed by minimization of visual clutter and preservation of the character and aesthetics of areas in close proximity to small wireless communication facilities;
(7)
Facilitate the City's permitting process to encourage fair and meaningful competition;
(8)
Encourage co-location of antenna on existing facilities; and
(9)
Facilitate deployment of small cell facilities to provide the benefits of advanced wireless services to all citizens and organizations throughout the City. Municipalities recognize the economic and social value of data connectivity and desire to encourage wireless infrastructure investment by providing a fair and predictable process for the deployment of small wireless facilities within the public rights-of-way in a manner that is:
C.
Zoning and use of rights-of-way by wireless provider.
(1)
A wireless provider shall have the right, as a permitted use not subject to zoning review or approval, to co-locate, maintain, modify, operate, and replace small wireless facilities and to install, maintain, modify, and replace poles it owns or manages or, with the permission of the owner, a third party's pole, associated with a small wireless facility, along, across, upon, and under the right-of-way.
(2)
Small wireless facilities and associated poles shall be installed and maintained so as not to obstruct or hinder the usual travel or public safety of the right-of-way or the usage of the right-of-way by utilities.
(3)
Therefore, applications to co-locate a small wireless facility or install or modify an associated utility pole in the right-of-way shall be treated as a permitted use in all districts within the City but are not exempt from the following local regulations and review.
(4)
All wireless facilities not meeting the definition of a small wireless facility shall be subject to applicable local zoning and development requirements.
D.
Conflicts with state and federal laws. In the event that applicable federal or state laws or regulations conflict with the requirements of this section, the wireless services provider shall comply with the requirements of this section to the extent that its provisions are not preempted by, or do not conflict with, applicable federal or state laws or regulations.
§ 4.18.2 Height, location, design, aesthetics and other standards.
A.
Location. While small cell facilities are permitted uses within all zoning districts within the City, deployment of small cell facilities within the City is subject to the standards set forth in this ordinance.
B.
Height.
(1)
Each new or modified pole installed in the right-of-way for the purpose of co-location of small wireless facilities shall not exceed the greater of:
(2)
A new small wireless facility in the right-of-way shall not extend more than 10% above the existing structure on which it is located or 50 feet above ground level, whichever is greater.
(3)
A wireless provider shall have the right to co-locate a wireless facility and install, maintain, modify, and replace a pole that exceeds the height limits required under Subsection B(1) of this section along, across, upon and under the right-of-way, subject to this section and any applicable zoning regulations.
C.
Location and design.
(1)
A wireless provider shall not install a small wireless facility or pole in an historic district without complying with the requirements of general application for structures within the historic district.
(2)
A wireless provider may replace decorative poles when necessary to deploy a small wireless facility so long as the replacement reasonably conforms to the design of the original decorative pole.
D.
Damage and repair; replacements; abandonment; removal.
(1)
Damage and repair.
(a)
A wireless provider shall repair all damage to the right-of-way directly caused by the activities of the wireless provider in the right-of-way and return the right-of-way to its functional and aesthetic equivalence before the damage under the competitively neutral, reasonable requirements and specifications of the City.
(b)
If the wireless provider fails to make the repairs required by the City within a reasonable time after written notice, the City may make those repairs and charge the applicable party the actual and reasonable documented cost, including overhead, of the repairs.
(2)
Replacement, upgrade or modification of poles.
(a)
A wireless provider is not required to replace or upgrade an existing pole except for reasons of structural necessity or compliance with applicable codes.
(b)
A wireless provider may, with the permission of the pole owner, replace or modify existing poles, but any such replacement or modification shall substantially conform to the design aesthetics of the pole being modified or replaced.
(3)
Abandonment.
(a)
A wireless provider shall notify the City at least 30 days before the wireless provider's abandonment of a small wireless facility.
(b)
If the wireless provider fails to remove the abandoned small wireless facility within 90 days after the notice, the City may undertake the removal and recover the actual and reasonable documented cost, including overhead, of the removal from the wireless provider, or its successors or assigns.
(4)
Violations; removal.
(a)
The City may order the removal of a small wireless facility or associated pole in the right-of-way that violates A.C.A. §§ 23-17-505, 23-17-506, or applicable codes.
(b)
The City shall provide written notice of the violation to the owner of the small wireless facility at least 30 days before removal to afford the owner the opportunity to conduct repairs or removal, or otherwise remedy the violation.
(c)
If the City determines that a wireless provider's activity in a right-of-way under this section creates an imminent risk to public safety, the City may provide written notice to the wireless provider and demand that the wireless provider address the risk.
(d)
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 the risk and charge the wireless provider the reasonable documented cost of the actions.
(5)
A wireless provider shall not co-locate a small wireless facility or install, modify, or replace a pole in the right-of-way that:
(a)
Materially interferes with the safe operation of traffic control equipment;
(b)
Materially interferes with sight lines or clear zones for transportation or pedestrians;
(c)
Materially interferes with compliance with the Americans with Disabilities Act of 1990, Pub. L. No. 101-336, or similar federal or state standards regarding pedestrian access or movement; or
(d)
Fails to comply with applicable codes.
E.
Co-location.
(1)
This section applies to activities of a wireless provider co-locating small wireless facilities on authority poles in the City's right-of-way or in a right-of-way controlled by the Arkansas Department of Transportation located within the City.
(2)
Regulations regarding poles.
(a)
A person owning, managing, or controlling poles in the City or state right-of-way shall not enter into an exclusive arrangement with any person for the right to attach to the poles.
(b)
A person who purchases or otherwise acquires a pole in the City or state right-of-way is subject to the requirements of this section.
(5)
Make-ready design and work.
(a)
As part of an application to co-locate a small wireless facility on an authority pole, the wireless provider shall submit make-ready design drawings and work descriptions that enable the pole to support the requested co-location by the wireless provider, including pole replacement if necessary.
(b)
The City may amend the make-ready design drawings and work to comply with applicable codes before the issuance of a permit to the extent reasonably necessary.
(c)
The rates, fees, and terms and conditions for the make-ready work to co-locate on an authority pole shall be nondiscriminatory, competitively neutral, and commercially reasonable and shall comply with this section.
(d)
The City shall not require more make-ready work than required to meet applicable codes or industry standards nor may the fees for make-ready work include costs related to preexisting or prior damage or noncompliance.
(6)
Replacement of authority poles.
(a)
The City may require replacement of an authority pole only if the co-location would make the authority pole structurally unsound.
(b)
The City may require that the replaced authority pole have the same functionality as the pole being replaced.
(c)
If the authority pole is replaced, the City shall take ownership of the new pole and operate authority fixtures on the pole.
(7)
Fees.
(a)
Make-ready fees charged by the City may include the amount the authority pays a professional engineer registered in Arkansas to review the wireless provider's make-ready work plans.
(b)
Fees for make-ready work shall not include any revenue or contingency-based consultant's fees or expenses of any kind.
(8)
Within 60 days of the receipt of the application filed to co-locate on a City pole, the City shall elect to:
(9)
Completion of make ready work.
(a)
The City shall complete make-ready work it elects to perform, including any pole replacement, within 60 days of written acceptance of the good-faith estimate of the applicant.
(b)
If the City, electing to perform the make-ready work, has not completed the work within 60 days after the written acceptance and deposit of the good-faith estimate by the applicant, the applicant may demand a return of any deposited funds and proceed with the make-ready work as described in Subsection E(5) of this section, using authorized, qualified contractors approved by the City with the authorization not to be unreasonably withheld, conditioned, or delayed.
(10)
The City or other applicable authority may reserve space on an authority pole for future public safety or transportation uses in a documented and approved plan in place at the time an application is filed.
(a)
A reservation of space shall not preclude placement of a pole or co-location of a small wireless facility.
(b)
If replacement of the City's pole is necessary to accommodate the co-location of the small wireless facility and the future use, the wireless provider shall pay for the replacement of the authority pole and the replaced pole shall accommodate future use.
F.
Aesthetics.
(1)
The aesthetic appearance of small wireless facilities and associated poles is regulated by the City to ensure coordinated, adjusted, and harmonious development, as provided in this section. The City may apply these requirements to areas of the City in which coordinated, adjusted, and harmonious development has been established through the use of overlay districts or historical districts which have been in existence at least 90 days prior to the passage of this ordinance.
(2)
These aesthetic standards shall adhere to the following requirements:
(a)
Reasonable, in that they are technically feasible and reasonably directed to avoiding or remedying unsightly or out-of-character deployments;
(b)
No more burdensome than those applied to other types of utility and communications infrastructure deployments;
(c)
Objective and published at least 90 days in advance of the filing of an application under this section;
(d)
Any design or concealment measures are not considered a part of the small wireless facility for purposes of the size parameters in the definition of "small wireless facility"; and
(e)
The City may deny an application for not complying with aesthetic requirements only if the City finds that the denial does not prohibit or have the effect of prohibiting the provision of wireless service.
(3)
The Board of Zoning Adjustment may:
(a)
Hear appeals of the decision of the Administrative Officer in respect to the enforcement and application of the aesthetic standards, and may affirm or reverse, in whole or in part, the decision of the Administrative Officer.
(b)
Hear requests for variances from the literal provisions of the aesthetic standards and grant the variances only when it is necessary to avoid the prohibition of wireless service or otherwise comply with the law.
(4)
Decisions of the Board in respect to this section shall be subject to appeal only to a court of record having jurisdiction.
(5)
Equipment enclosures.
(a)
To the extent technically feasible, if the support structure is a pole, all radios and wireless communication equipment, except the antenna, shall be enclosed within an equipment cabinet and housed: at the base of the support structure; pole-mounted (at a height and placement that will not interfere with pedestrian, cyclist, or vehicular movements); or below grade.
(b)
Where underground utilities are required by the provisions of this code or other City-adopted regulations or codes, ancillary equipment related to the small wireless facility shall be placed in an underground vault to the greatest extent possible. Aboveground equipment enclosures may be considered if they can be placed in a way that does not impede or jeopardize the safety or other utilization of the right-of-way (ROW).
(6)
Design. Consistent with the provisions of this section, a small wireless facility shall be installed using the following design approaches to the extent reasonable, including without limitation the following:
(a)
For location on newly proposed wireless support structures, the following options are available:
1.
New poles installed to support small wireless facilities shall be made of the same or similar material as existing poles in the immediate area.
2.
In an area where other aboveground utilities are present, the deployment of a new small cell facility shall be located on the same side of the street on which the existing aboveground utilities are located and a similar style utility pole (as those utilized by existing aboveground utilities) may be utilized.
3.
In an area where the City has required all electrical and communication lines to be placed underground by a date certain that is three months before the submission of the application or where undergrounding is required after small wireless facilities have been installed, an explanation as to why co-location or use of an existing structure, remaining pole or replacement pole is not technically feasible shall be required. This shall apply to the location of all pole-attached utilities and shall include demonstration of a reasonable attempt to co-locate or utilize an existing structure. A wireless provider may install a new pole in the designated area that otherwise complies with this section when it is not able to provide wireless service by co-locating on an existing structure, remaining pole or replacement pole.
4.
When a wireless provider applies to install a new pole in the right-of-way in an area zoned for residential use, the City may propose an alternative location in the right-of-way within 100 feet of the location stated in the application, and the wireless provider shall use the City's proposed alternative location unless the location imposes technical limits or significant additional costs. The wireless provider shall certify that it has made the determination in good faith, based on the assessment of a licensed engineer, and the wireless provider shall provide a written summary of the basis for the determination.
5.
The City may require wireless providers to comply with reasonable and nondiscriminatory horizontal spacing requirements of general application for new poles and ground-mounted small wireless facilities, but the requirements shall not prevent a wireless provider from serving any location.
6.
For location on existing pole structures:
i.
Stealth antennas and mounts (completely encased or screened antennas, when possible, to approximately match the color of the existing poles). In the event that some antennas cannot be covered due to their operational wavelength, the applicant shall provide proof of such to the City, and the antenna shall be required to be painted, or otherwise treated, in a way that blends with the pole.
ii.
Stealth base cabinet enclosures (completely encases base cabinet equipment to match the colors of the existing poles to the extent feasible). Base cabinet may be placed in any location on the lower portion of the pole but may not impede ADA accessibility of a sidewalk. The base cabinet may also be placed underground.
iii.
The City shall not limit the co-location of small wireless facilities by minimum horizontal separation distance requirements from existing small wireless facilities, poles, or wireless support structures.
7.
For location on existing building structures:
i.
New steeple, extension to existing steeple, and replacement steeple concealment structures.
ii.
Chimney concealment structures.
iii.
Chimney pot concealment structures.
iv.
Rooftop facade extension concealment.
v.
Rooftop cupola concealment.
vi.
Rooftop screen concealment.
vii.
Rooftop pod concealment systems.
viii.
Building side grid concealment structures.
ix.
Building side screen concealment structures.
x.
Rooftop or wall-mounted lantern concealment structures.
8.
Antenna arrays, cables, and other ancillary facilities used for providing the wireless service shall not be obtrusive or noticeably visible from adjacent properties or adjacent rights-of-way.
9.
The color of the facility shall be compatible with that of the non-tower support structure. To the extent any small wireless facilities extend above the height of the vegetation, buildings and utilities immediately surrounding it, they shall be painted in a nonreflective light gray, light blue, or other hue, which blends with the skyline and horizon.
10.
Attachments which are ancillary to the antenna arrays mounted onto a non-tower support structure shall not project greater than three feet, as measured horizontally, from the surface of the non-tower support structure and shall be painted or screened with materials that are a compatible color to the non-tower support structure. Cables that travel along the exterior of a non-tower support structure shall be closely connected to the structure creating a minimal appearance of gaps or loose wires. When possible, visible cables should be in conduit or otherwise covered in a material visually compatible in color to the support structure.
11.
The general design of a small wireless facility shall be compatible with the streetscape and aesthetics of the surrounding area with respect to street furniture and lights, building facade designs, and area character.
12.
Other design elements which by industry standards are considered stealth technology deployment may also be used.
13.
Within an enacted overlay district stealth concealment is required except when specifically identified by the applicant that such stealth concealment results in a material reduction in the functionality of the proposed small wireless facility.
G.
Signage. The applicable provisions of this code regarding signage shall apply to all small wireless facilities.
H.
Illumination. A small wireless facility shall not have lights on the facility unless the lights are required by other laws and consistent with the requirements of law or designed as an intended amenity of the support structure.
I.
Fencing. A small wireless facility installed in the public right-of-way shall not be fenced.
J.
Use of right-of-way and indemnification.
(1)
The wireless provider shall fully indemnify and hold harmless the City and its officers, agents and employees against any claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses, and attorney's fees resulting from the installation, construction, repair, replacement, operation, or maintenance of poles, small wireless facilities, or attachments to City poles to the extent directly caused by the negligence of the wireless provider, its contractors, subcontractors and their officers, employees or agents.
(2)
A permit from the City shall not create a property right or grant any authority to the owner of the small wireless facility to impinge upon the rights of others who may already have an interest in the right-of-way.
K.
Appendix to Section 6. Attached to this article as an appendix to this section are illustrations to provide guidance to applicants of aesthetic standards encouraged and preferred by the City in the installation of small wireless facilities and associated poles.[3]
[3]
Editor's Note: The Appendix to Section 6 is included as an attachment to this article.
§ 4.18.3 Application and review process.
A.
Permit and application. A permit is required for the placement and construction of a small wireless facility. Approval of a permit shall require an application.
B.
Contents of application. The small wireless facility permit application shall be made by the wireless services provider or an authorized agent. A permit application shall contain the following:
(1)
The applicant's name, address, telephone number and email address;
(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. The scope and detail of such description shall be appropriate to the nature and character of the work to be performed, with special emphasis on those matters, including but not limited to subsurface utilities, likely to be affected or impacted by the work proposed;
(4)
Authorization for any consultant acting on behalf of the applicant to speak with the City, or a designee of the City;
(5)
Verification from an appropriate professional that the small wireless facility shall comply with all applicable codes;
(6)
Drawings and descriptions of the proposed facilities, non-tower support structures, and ancillary equipment;
(7)
Maps with the specific locations;
(8)
Geographic coordinates of the locations;
(9)
If the proposed location is a new pole, an explanation as to why co-location or use of an existing structure is not technically feasible. This shall apply to the location of all pole-attached utilities and shall include demonstration of a reasonable attempt to co-locate or use an existing structure, remaining pole or replacement pole;
(10)
If the applicant proposes to co-locate on, or occupy any existing structure not owned by the applicant, a letter or written statement from the owner allowing the use; and
(11)
A description and substantiation of any requests for exceptions from the requirements of this division.
C.
Batch applications. The City may require the applicant to file a separate application for any small wireless facility that is not of a substantially similar design to the others included in the application, or if submitted in a batch, the application must be sufficiently clear so that the City may determine whether one or more of the proposed facilities is not of a substantially similar design.
D.
Bond. The City may require the applicant to post a bond as required for any open cut, sidewalk, curb and gutter or other public right-of-way work as set forth in the Lincoln Municipal Code.
E.
F.
Review procedure.
(1)
The Administrative Official shall review the application for compliance with these and other applicable laws and regulations. Review and approval shall be in accordance with time frames established by federal and state law/policy and the following:
(2)
All applications shall be processed on a nondiscriminatory basis within:
(4)
If the application is incomplete, the applicant shall be allowed to resubmit the amended application without penalty or payment of any additional application fees, if resubmission occurs within 30 days of notification.
(5)
The time frame for reviewing shall commence when the application is submitted, but may be tolled upon notification of incompleteness. If the application is incomplete, the applicable time frame for reviewing is reset when the missing information is provided by the applicant.
(6)
Once the application is determined to be complete, the Administrative Official shall review the application, and if the application meets the requirements and standards set forth in this division, the application shall be granted, and a permit issued.
(7)
If the applicant is requesting an exception to any requirement, the standard of review shall be to determine if the exception is warranted due to an identifiable site-specific hardship or a technological challenge, and more specifically if the excepted requirement is:
(8)
The Administrative Official may approve some or all of the requested exception and advise the applicant in writing of the extent of approval and/or reasons for denial. At his/her discretion, the Administrative Official may also submit the application to the Development Review Committee for input or comment.
(9)
The Administrative Official shall have the authority to defer an exception request to the Board of Zoning Adjustment. The Board of Zoning Adjustment shall act upon the request in a timely manner. If the decision of the Board of Zoning Adjustment is in the affirmative, the permit shall be approved, provided that all other review requirements are met. If not, the application shall be referred to the Administrative Official for continued review.
(10)
If the Board of Zoning Adjustment denies any or all of the requested exception, the applicant may appeal the decision to a court of jurisdiction in accordance with state law.
(11)
Time frames for decision.
(a)
The Administrative Official or designee shall notify the applicant in writing of its final decision:
(b)
These timelines may be tolled only by mutual agreement between the applicant and the City.
(c)
If the application is approved, a permit shall be issued.
(d)
If the application is denied, the Administrative Official shall specify, in writing, the basis for denial, citing specific code provisions from federal, state, or local law as to why the application was denied.
(e)
Notwithstanding the initial denial, the applicant may cure any deficiencies identified by the Administrative Official within 30 days of the denial without paying an additional application fee. The Administrative Official shall approve or deny the revised application within 30 days of receipt of the amended application, and its review shall be limited to the deficiencies specified in the original notice of denial.
(f)
If a decision on an application is not made within the applicable time frame, the application shall be deemed approved 10 days after written notice is provided by the applicant to the City that the time period for acting on the application has lapsed.
(12)
If after commencement of construction but before construction is complete for an approved permit, circumstances unforeseen at the time of approval arise which make continued construction unsafe or impracticable, the applicant may request an amendment to the application or plan by filing a request to amend the approved application. The applicant shall cease work, and the procedure for the amendment request shall proceed in the same manner as if it were a new application under this section. There is no application fee for an amendment request.
G.
Prohibitions and work requirements.
(2)
Facilities located in the public right-of-way shall not materially visually obstruct traffic signals or signage and shall be maintained in a manner that does not materially interfere with public safety equipment.
(3)
The owner shall employ due care during the installation, maintenance or any other work in the right-of-way (ROW), and shall comply with all safety and public ROW protection requirements of all applicable local, state, and federal laws. The owner shall restore, repair and/or replace any portion of the public improvements in the ROW that are damaged or disturbed by the owner's work or small wireless facilities.
(4)
Unless otherwise specified in the permit, the owner shall erect a barrier around the perimeter of any excavation and provide appropriate traffic control devices, signs and lights to protect, warn and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic control plan in accordance with the Uniform Manual of Traffic Control Devices. The owner shall maintain all barriers and other traffic control and safety devices related to an open excavation until the excavation is restored to a safe condition or as otherwise directed by the City.
(5)
If use of the right-of-way on which the small wireless facility is located is necessary for a construction or improvement project undertaken by the City of Lincoln or on its behalf, the small wireless facility shall be relocated. Notice of such relocation shall be provided by the City as soon practicable and at least 90 days before the deadline for completing the relocation. The City shall not bear any expense of any necessary relocation.
(6)
A small wireless facility shall not interfere with City and public safety communication systems and shall comply with all FCC regulations governing interference.
(7)
A guy wire or other support wire shall not be used in connection with an antenna, antenna array, or a non-tower support structure except when used to anchor the antenna, antenna array, or non-tower support structure to an existing building or ground to which such antenna, antenna array, or non-tower support structure is attached.
(8)
The owner of a small wireless facility that is not in service or use for more than six months shall disassemble and remove the facility.
H.
Fees and rates.
(1)
For the co-location of a small wireless facility on an existing pole or structure: $100 nonrecurring application fee.
(a)
Additionally, except as described in A.C.A. § 23-17-510(e), a wireless provider shall pay the City compensation for use of the right-of-way at an annual rate of $30 per small wireless facility. The annual rate shall be paid to the City by January 31 of the following year.
(b)
A wireless provider shall pay the City compensation for co-location of small wireless facilities on City poles at an annual rate of $240 for each City pole.
(2)
For the installation of a small wireless facility and a pole: $250 for the installation, modification, or replacement of a pole together with the co-location of an associated small wireless facility in the right-of-way. Additionally, except as described in A.C.A. § 23-17-510(e), a wireless provider shall pay the City compensation for use of the right-of-way at an annual rate of $30 per small wireless facility. The annual rate shall be paid to the City by January 31 of the following year.
(3)
If the application is for multiple facilities, the fee is $100 (nonrecurring application fee) for each additional facility.
(4)
Exceptions.
(a)
A wireless provider is not required to pay an authority compensation for micro-wireless facilities that are suspended on cables strung between existing utility poles in the right-of-way as long as the wireless provider compensates the authority through other licenses or franchises held directly or through one of the wireless provider's affiliates for the placement of the suspension cables in the right-of-way.
§ 4.18.4 Exclusive arrangements prohibited.
A.
Non-exclusivity. The City shall not enter into an exclusive arrangement with a person for use of the right-of-way for the co-location of small wireless facilities or the installation, operation, marketing, modification, maintenance, or replacement of poles for the co-location.
§ 4.18.5 Local authority.
A.
Exercise of zoning authority. Subject to the provisions of the Small Wireless Facility Deployment Act codified at A.C.A. § 23-17-501 et seq. and applicable federal law, the City may continue to exercise zoning, land use, planning, and permitting authority within its territorial boundaries with respect to wireless support structures, including the enforcement of applicable codes.
B.
Interior installations. The City shall not have or exercise any jurisdiction or authority over the design, engineering, construction, installation, or operation of a small wireless facility located in an interior structure or upon the site of a campus, stadium, or athletic facility not owned or controlled by the City, other than to require compliance with applicable codes.
§ 4.18.6 Definitions.
As used in this division, the following terms shall have the meanings indicated:
An entity that directly or indirectly controls, is controlled by, or is under common control with another party.
Communications equipment that transmits or receives an electromagnetic radio frequency signal in the provision of wireless service.
Equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with an antenna, located at the same fixed location as the antenna, and when co-located on a structure is mounted or installed at the same time as the antenna. "Antenna equipment" does not include:
An antenna and associated antenna equipment.
Uniform electrical reliability, building, fire, electrical, plumbing, or mechanical codes, as adopted by a recognized national code organization, or local amendments to the codes that are of general application, or local ordinances that are of general application, that address public health, safety, or welfare and are consistent with this section.
A person who submits an application as or on behalf of a wireless provider.
A request submitted by an applicant to an authority for a permit:
The City.
A pole owned, managed, or operated by or on behalf of an authority.
The placement, mounting, replacement, or modification of a small wireless facility on, or of ground-mounted antenna equipment adjacent to, a structure.
"Co-locate" or "co-locate on" includes co-located, ground-mounted antenna equipment as a small wireless facility if it meets the requirements of A.C.A. § 23-17-503(25)(A)(iii) through (vi) and the associated facilities on the adjacent structure meet the requirements of A.C.A. § 23-17-503(25)(i) through (vi).
Placing an antenna on any existing structure, regardless of whether that structure already has wireless equipment on it, or whether it has been zoned for placing that equipment.
A cable service, as defined in 47 U.S.C. § 522(6), as it existed on January 1, 2019;
A telecommunications service, as defined in 47 U.S.C. § 153(53), as it existed on January 1, 2019;
An information service, as defined in 47 U.S.C. § 153(24), as it existed on January 1, 2019; or
Wireless service.
The direct or indirect:
A highway or street described in A.C.A. § 27-68-102.
Calendar day unless there is a time frame for the City to respond to a request and the last day to respond ends on a weekend, holiday, or time when all but City emergency services are closed due to weather or some unforeseen situation.
An authority pole that is specifically designed and placed for aesthetic purposes and on which limited appurtenances or attachments, such as a small wireless facility, lighting, specially designed informational or directional signage, or temporary holiday or special event attachments, have been placed or are permitted to be placed according to nondiscriminatory City rules or codes.
An antenna facility or a structure that is used for the provision of wireless service.
A one-time, nonrecurring charge.
A group of buildings, properties, or sites that are either:
Listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register of Historic Places, according to Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement Regarding the Section 106 National Historic Preservation Act Review Process, 47 CFR Part 1, Appendix C, as it existed on January 1, 2019;
An historic district designated under the Historic Districts Act, A.C.A. § 14-172-201 et seq.; or
An historic district otherwise designated under a local ordinance as of January 1, 2019.
A wireless facility that:
An authorization, written or otherwise, required by an authority to perform an action or initiate, continue, or complete a project for the deployment of wireless service at a specified location.
An individual, corporation, limited liability company, partnership, association, trust, authority, or other entity or organization.
A pole in a right-of-way that may be used by or for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for co-location of small wireless facilities. "Pole" does not include a wireless support structure or an electric transmission structure.
A recurring charge.
An area on, below, or above a public utility easement, roadway, highway, street, sidewalk, alley, or similar property. Such areas are formally owned by the City or used as prescriptive easements. "Right-of-way" does not include a federal interstate highway, controlled-access facility, or a public utility easement that does not authorize the deployment sought by the wireless provider.
A wireless facility that meets all of the following specifications:
The facility:
Is mounted on a structure 50 feet or less in height, including the antennas;
Is mounted on a structure no more than 10% taller than other adjacent structures; or
Does not extend an existing structure on which it is located to a height of more than 50 feet or by more than 10%, whichever is greater.
Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
The facility does not require antenna structure registration under 47 CFR Part 17, as it existed on January 1, 2019;
The facility is not located on tribal lands, as defined in 36 C.F.R. 800.16(x), as it existed on January 1, 2019; and
The facility does not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 CFR 1.1307(b), as it existed on January 1, 2019.
"Small wireless facility" does not include:
The structure or improvements on, under, or within which the equipment is located or co-located or to which the equipment is attached; and
Any wireline backhaul facility or coaxial or fiber-optic cable that is between wireless support structures or utility poles, or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
A pole or wireless support structure, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service.
By virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design, concealment measures, or site location, can be implemented without a material reduction in the functionality of the small wireless facility.
A pole or similar structure that is used in whole or in part for the purpose of carrying electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting, traffic control signage, or a similar function regardless of ownership. Such term shall not include structures supporting only wireless facilities.
Equipment at a fixed location that enables wireless communications between user equipment and a communication network, including: (i) equipment associated with wireless communications; (ii) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include the structure or improvements on, under, or within which the equipment is co-located, wireline backhaul facilities, coaxial or fiber-optic cable that is between wireless support structures or utility poles or coaxial or fiber-optic cable that is otherwise not immediately adjacent to, or directly associated with, an antenna.
A person or an affiliate thereof, including a person authorized to provide communications service in the state, that builds or installs facilities for the provision of wireless service, but that is not a wireless service provider.
A wireless infrastructure provider or a wireless service provider.
Any service using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public.
A person who provides wireless service.
A structure, including:
A monopole;
A tower, either guyed or self-supporting;
A billboard;
A building; or
Any other existing or proposed structure designed to support or that is capable of supporting small wireless facilities, other than a structure designed solely for the co-location of small wireless facilities.
"Wireless support structure" does not include a pole.
An aboveground or underground facility used to transport communications services from a wireless facility to a network.