Numerous provisions of state and federal law grant authority to local jurisdictions over decisions regarding the placement, construction, and modification of wireless facilities, towers, and antennae. As the city has diverse and unique landscapes that perpetuate the identity of its residential neighborhoods, protection of these valuable resources is paramount. Accordingly, the governing body finds that the unregulated placement and design of wireless facilities, towers, and antennae results in visual clutter that adversely affects community aesthetics and damages the character of the city. This chapter is intended to provide minimum standards that ensure that the wireless communication needs of residents and businesses are met, while at the same time the general health, safety, and welfare of the community is protected.

(Ord. 2189, Sec. II, 2009; Ord. 2407, Sec. XV, 2019)

Wireless communication facilities, towers, and antenna, including their respective equipment, and including small wireless communication antennae, as set out in section 19.33.055, may be sited, constructed, designed, or maintained provided that it is in conformance with the stated standards, procedures, and other requirements of this chapter. More specifically, these regulations are necessary to:

(a)

Provide for suitable location of wireless facilities, towers, and antennae, so as to mitigate their negative effect on residential neighborhoods and land uses;

(b)

Maintain community aesthetics by minimizing the negative visual effects of wireless facilities, towers, and antennae through specific design and siting criteria;

(c)

Maximize the use of existing towers, wireless support structures, and alternative tower structures so as to minimize the need for new locations.

(d)

Examine collocation among providers of wireless services on existing and newly constructed sites in order to reduce the overall number of towers and wireless support structures needed; and

(e)

Promote the use of innovative stealth, camouflage, and disguise techniques for wireless facilities, towers, and antennae so as to integrate their appearance with the many architectural and natural themes found throughout the city.

(f)

Protect the health, safety, and welfare of the community.

(Ord. 2189, Sec. II, 2009, Ord. 2407, Sec. XV, 2019)

For the purposes of this chapter, the following terms shall be defined as:

(a)

Accessory Equipment: Any equipment serving or being used in conjunction with a wireless facility or wireless support structure including, but not limited to, utility or transmission equipment, power supplies, generators, batteries, cables, equipment building, equipment compound, cabinets and storage sheds, shelters, or similar structures. Accessory equipment includes, but is not limited to, any electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.

(b)

Alternative Tower Structure: This shall mean man-made trees, clock towers, bell steeples, utility poles, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

(c)

Antenna: Any structure or device used to collect or radiate electromagnetic waves or signals for provision of wireless services.

(d)

Base Station: A station that includes a structure that currently supports or houses an antenna, transceiver, coaxial cables, power cables, or other accessory equipment at a specific site that enables FCC-licensed or authorized wireless service to mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics. The term does not mean a tower, and it does not include any structure that, at the time the relevant application is filed with the city, does not support or house equipment described in this paragraph or that was not previously approved under the applicable zoning or siting process. A base station may include such things as a building, a steeple, water tower, sign, or other non-tower structure.

(e)

Collocation: The act of siting wireless facilities from more than one provider in the same location on the same tower or wireless support structure as other wireless facilities. Collocation also means locating wireless facilities on an existing structure (for example, base stations, buildings, water tanks, towers, utility poles, etc.) without the need to construct a new tower or wireless support structure.

(f)

Distributed Antenna System (DAS) Facility: A network that distributes radio frequency signals and consisting of:

(1)

Remote communications or antenna nodes deployed throughout a desired coverage area, each including at least one antenna for transmission and reception;

(2)

A high capacity signal transport medium that is connected to a central communications hub site; and

(3)

Radio transceivers located at the hub's site to process or control the communications signals transmitted and received through the antennas to provide wireless services within a geographic area or structure.

(g)

Eligible Facilities Request: Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

(1)

Collocation of new transmission equipment;

(2)

Removal of transmission equipment; or

(3)

Replacement of transmission equipment.

(h)

Eligible Support Structure: Any tower or base station, provided that it is existing at the time the relevant application is filed.

(i)

Equipment Compound: The area in which a wireless facility, wireless support structure, the equipment and tower may be located which is enclosed with a fence or wall or is within a building or structure.

(j)

Existing: A constructed tower, wireless support structure, utility pole, or base station is existing if it has been reviewed and approved under the applicable zoning or siting process, provided that a tower, wireless support structure, utility pole, or base station that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

(k)

FCC: The Federal Communications Commission.

(l)

Maintenance: Ensuring that wireless facilities, towers, and wireless support structures are kept in good operating condition. Maintenance includes inspections, testing, and modifications that maintain functional capacity, aesthetic and structural integrity; for example, the strengthening of a wireless support structure's foundation or of the wireless support structure itself or replacing antennas and accessory equipment on a like-for-like basis on an existing wireless facility. Ordinary maintenance also includes maintaining walls, fences, and landscaping, including the replacement of dead or damaged plants as well as picking up trash and debris. Ordinary maintenance does not include modifications.

(m)

Modifications or Modify: The addition, removal, or change of any of the physical and noticeably visible components or aspects of a wireless facility, such as antennae, cabling, radios, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any noticeably visible components, vehicular access, parking, upgrade, or exchange of equipment for better or more modern equipment (provided that modification shall not include replacement of components in-kind). Modifications also include, but are not limited to, extending the height of any wireless support structure, replacing the wireless support structure, and the expansion of the equipment compound area for additional equipment. A collocation which changes the dimension of an existing wireless facility, utility pole, tower, or wireless support structure shall be considered a modification. The public works director or other designated building official shall determine when changes such as enlarging the ground-mounted equipment area, increasing the screen wall height, or installing additional equipment changes the physical and noticeably visible aspects of a wireless facility.

(n)

Public Right-of-Way or ROW: The area on, below, or above streets, alleys, bridges, and parkways in which the city has a dedicated or acquired right-of-way interest in the real property.

(o)

Public Right-of-Way Ordinance: Chapter 13, article 5 of the City Code (Use and Occupancy of the Public Right-of-Way), as amended from time to time.

(p)

Site: For towers or wireless support structures, other than towers or wireless support structures in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

(q)

Small Cell facility: A wireless Facility that meets all of the following qualifications:

(1)

Each antenna is located inside an enclosure of no more than six cubic feet in volume, or in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of no more than six cubic feet;

(2)

Primary equipment enclosures that are no larger than 17 cubic feet in volume, or facilities comprised of such higher limits as the FCC has excluded from review pursuant to 54 U.S.C. § 306108. Accessory equipment may be located outside the primary equipment, and if so located, are not to be included in the calculation of equipment volume; and

(3)

The structure on which the antenna facilities are mounted:

a.

Is 50 feet or less in height; or

b.

Is no more than ten percent taller than other adjacent structures; or

c.

Is not extended to a height of more than ten percent above its preexisting height as a result of the collocation of new antenna facilities, whichever is greater.

(r)

Small Cell Network: A collection of interrelated small cell facilities designed to deliver wireless services.

(s)

Stealth or Stealth Technology: Using the least visually and physically intrusive facility by minimizing adverse aesthetic and visual impacts on the land, property, buildings, and other facilities adjacent to, surrounding, and generally in the same area as the requested location of a wireless facility. Specifically, this means ensuring that all antenna arrays, cables, and other accessory equipment used for providing the wireless service are not obtrusive or noticeably visible from adjacent properties or adjacent public rights-of-way. Any accessory equipment mounted on a tower or wireless support structure shall not project greater than one foot), as measured horizontally, from the surface of the tower or wireless support structure and shall be painted or screened with materials that are a complementary color as the tower or wireless support structure. Cables shall not be allowed to travel along the exterior of a tower or wireless support structure. Understanding that new technologies are anticipated to change the components of wireless facilities, the public works director or other designated building official may determine if a wireless facility or component thereof is designed to be stealth.

(t)

Substantial Change: A modification that substantially changes the physical dimensions of an eligible support structure (tower or base station) by any of the following criteria:

(1)

Height.

a.

For towers other than towers in the public rights-of-way, an increase in the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater.

b.

For other eligible support structures (i.e. towers in the public rights-of-way or base stations), an increase in the height of the structure by more than ten percent or more than ten feet, whichever is greater.

Changes in height are measured from the original support structure in cases where deployments are or will be separated horizontally (such as on buildings' rooftops); in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any previously-approved modifications.

(2)

Width/Girth.

a.

For towers not in the public rights-of-way, adding an appurtenance to the body of the tower that protrudes from the edge of the tower more than 20 feet, or more than the width of the Tower at the level of the appurtenance, whichever is greater.

b.

For other eligible support structures (i.e. towers in the public rights-of-way or base stations), adding an appurtenance to the body of the structure that protrudes from the edge of the structure by more than six feet.

(3)

New Equipment Cabinets.

a.

For any eligible support structure, the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets.

b.

For towers in the public rights-of-way and base stations, the installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure.

(4)

Any excavation or deployment outside the current site.

(5)

Defeating the stealth technology or concealment elements of the eligible support structure.

(6)

Not complying with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided, however, that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in subsections 1. through 4. above.

(u)

Tower or Wireless Support Structure: Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their accessory equipment, including structures that are constructed for wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. The terms include, but are not limited to, monopoles (a single, freestanding pole-type structure, without guy wires and/or ground anchors) and lattice towers (a tower consisting of a guyed or self-supporting three- or four-sided, open-frame structure) used to support antennas and transmission equipment.

(v)

Transmission Equipment: Equipment that facilitates transmission for any FCC-licensed or authorized wireless service, including but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

(w)

Utility Pole: A structure owned or operated by the city, or a public utility as defined in K.S.A. 66-104, and amendments thereto, or an electric cooperative as defined in K.S.A. 17-4652, and amendments thereto, that is designed specifically for and used to carry lines, cables, or wires for telecommunications, cable, electricity, or to provide lighting.

(x)

Wireless Facility: A structure, facility, or location designed, or intended to be used as, or used to support, antennae, small-cell facilities, or other transmission equipment used in wireless services. This includes, without limit, towers, wireless support structures, utility poles and base stations or other structures that can or are requested to be used as a support structure for antennae or the functional equivalent of such. It further includes antennae, small cell facilities, and distributed antenna systems (DAS). It further includes all related accessory equipment associated with the site. It includes any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including, but not limited to, wireless services, cellular telephone service, personal communications service (PCS), specialized mobile radio (SMR), commercial satellite services, microwave services, radio and television services, paging service, and any commercial wireless services not licensed by the FCC.

(y)

Wireless Services: Means "personal wireless services" and "personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C), including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through wireless facilities or any fixed or mobile wireless services provided using wireless facilities.

(Ord. 2189, Sec. II, 2009; Ord. 2047, Sec. XV, 2019)

(a)

Special Use Permit Required. Unless otherwise excepted herein, the following shall be allowed only upon approval of a special use permit in accordance with the procedures set out in chapter 19.28, Special Use Permit.

(1)

New Construction - Small Cell Facilities. New wireless facilities, towers, base stations, wireless support structures, utility poles, and/or antennae for small cell facilities, and whether in the public right-of-way or otherwise. A written final decision for such applications shall be issued within 90 days.

(2)

New Construction - Non-Small Cell Facilities. New wireless facilities, towers, base stations, wireless support structures, utility poles and antennae for non-small cell facilities, and whether in the public right-of-way or otherwise. A written final decision for such applications shall be issued within 150 days.

(3)

Substantial Changes. A substantial change to an existing tower, base station, wireless support structure, utility pole, or antenna. A written final decision for such applications shall be issued within 90 days.

(4)

Other. Any other application for placement, installation, or construction of transmission equipment that is not contemplated by subsections 1 through 3 above, does not constitute an eligible facilities request, or which is not eligible for administrative approval as provided in section 19.33.020(b) below. A written final decision for such applications shall be issued within 150 days.

Notwithstanding the foregoing, to the extent any of the foregoing utilize accessory equipment or other facilities or other equipment for which a conditional use permit may be required (such as for larger utility boxes or pedestals), then the city may only approve special use permits subject to the applicant receiving any and all required conditional use permits. A written final decision for such conditional use permit applications shall be issued within the time periods set forth above.

(b)

Administrative Approvals. Notwithstanding subsection (a) above, the public works director or other designated building official may approve applications for the following, provided that such applications meet all applicable performance standards, including, but not limited to, the provisions and requirements of the public right-of-way Ordinance:

(1)

Collocation on Existing Wireless Facilities - Small Cell Facilities. New antenna or collocation of small cell facilities on an existing tower, utility pole, or street light in the public right-of-way, that does not incur a substantial change. This provision is also applicable when the existing tower, utility pole, or street light is replaced by a tower, utility pole, or street light that is not a substantial change from the original. A written final decision for such applications shall be issued within 60 days.

(2)

Collocation on Existing Wireless Facilities - Non-Small Cell Facilities. New antenna or collocation of non-small cell facilities on an existing tower, utility pole, or street light in the public right-of-way, that does not incur a substantial change. This provision is also applicable when the existing tower, utility pole, or street light is replaced by a tower, utility pole, or street light that is not a substantial change from the original. A written final decision for such applications shall be issued within 90 days.

(3)

Other Modifications and Eligible Facilities Requests. The modification of an existing tower, wireless support structure, utility pole, or base station that does not incur a substantial change to the tower, wireless support structure, utility pole, or base station, or that otherwise qualifies as an eligible facilities request. A written final decision for such applications shall be issued within 60 days.

Notwithstanding the foregoing, to the extent any of the foregoing utilize accessory equipment or other facilities or other equipment for which a conditional use permit may be required (such as for larger utility boxes or pedestals), then the public works director or other designated building official may only approve applications subject to the applicant receiving any and all required conditional use permits. A written final decision for such conditional use permit applications shall be issued within the time periods set forth above.

(C)

Conditional Use Permit Requirement. A conditional use permit, reviewed and approved in accordance with the procedures set out in chapter 19.30 Conditional Use Permits, is required for applications for wireless facilities to the extent they utilize or are supported by utility boxes or accessory equipment that have a footprint larger than 12 square feet in area, a pad greater than two and one-half (2.5) times the area of the utility box footprint or greater than 32 square feet; or have a height of more than 56 inches, as provided in chapter 19.30.

(d)

Application and Decision Timeframes. The timeframes set forth above begin to run when a completed application is filed. The applicable timeframe may be tolled by mutual agreement or in cases where the city determines that the application is incomplete. To toll the timeframe for incompleteness, the city may provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents and information. The timeframe begins running again when the applicant makes a supplemental submission responding to the city's notice. The city then has ten days to notify the applicant that the supplemental submission did not provide the information identified in the original notice. The timeframe is tolled in the case of second or subsequent notices pursuant to this subsection. Second or subsequent notices may not specify missing documents or information that were not delineated in the original notice of incompleteness.

(e)

Deemed Approvals and Appeals. Within 30 days after the city provides notice of its decision, a party aggrieved by the final action of the city may bring an action for review in any court of competent jurisdiction. If a final decision is not otherwise issued within the timeframes set forth in section 19.33.020(d) above, then an application shall be deemed approved once an applicant has provided notice to the city that such applicable timeframes have lapsed. Provided, that this section shall not apply to any person who is availing themselves of the appeal provisions set forth in K.S.A. 66-2019(h)(6), as amended, or in Federal Communications Commission (FCC) Declaratory Ruling dated September 27, 2018, in WT Docket Nos. 17-79 and 17-84 (FCC 18-133, 33 FCC Rcd 9088), to the extent such FCC Declaratory Ruling applies and/or is in effect.

(f)

Small Cell and DAS Facilities—Consolidated Application and Exemption.

(1)

Pursuant to Kansas Statute, an applicant may file one consolidated application for a small cell network up to 25 individual small cell facilities of a substantially similar design. Notwithstanding, the city may require a separate application for any small cell facilities that are not of a substantially similar design.

(2)

Notwithstanding anything in this Code to the contrary, no zoning, special use permit, or siting approval is required for the construction, installation or operation of any small cell or DAS facilities located in an interior structure or upon the site of any campus, stadium or athletic facility; provided, however, this exemption does not exempt any such facility from any applicable building or electrical code provision.

(Ord. 2189, Sec. II, 2009, Ord. 2407, Sec. XV, 2019)

Where a special use permit is required, then the following factors shall be considered in approving or disapproving a special use permit for a wireless facility. It is not necessary that a finding of fact be made for each factor described herein. However, there should be a conclusion that the request should be approved or denied based upon consideration of as many factors as are applicable. The following factors are not exclusive.

(a)

The character of the neighborhood.

(b)

The zoning and uses of property nearby.

(c)

The extent that a change will detrimentally affect neighboring property.

(d)

The relative gain to public health, safety, and welfare by destruction of value of the applicant's property as compared to the hardship on other individual landowners.

(e)

The proposed special use complies with all applicable provisions of these regulations, including intensity of use regulations, yard regulations, and use limitations.

(f)

The proposed special use at the specified location will not adversely affect the welfare or convenience of the public.

(g)

The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, and the location of the site or wireless facility with respect to streets giving access to it are such that the special use will not cause substantial injury to the value of the property in the immediate neighborhood so as to hinder development and use of neighboring property in accordance with the applicable zoning district regulations. In determining whether the special use will cause substantial injury to the value of property in the immediate neighborhood, consideration shall be given to:

(1)

The location, size, nature and height of buildings, structures, walls, and fences on the site; and

(2)

The nature and extent of landscaping and screening on the site.

(h)

Off-street parking and loading areas will be provided in accordance with the standards set forth in these regulations, and such areas will be screened from adjoining residential uses and located so as to protect such residential uses from any injurious effect.

(i)

Adequate utility, drainage, and other such necessary facilities have been or will be provided.

(j)

Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.

(k)

Adjoining properties and the general public shall be adequately protected from any hazardous or toxic materials, hazardous manufacturing processes, obnoxious odors or unnecessarily intrusive noises.

(l)

Architectural design and building materials are compatible with such design and materials used in the neighborhood in which the proposed facility is to be built or located, and the design and aesthetic standards adopted by the city.

(m)

City staff recommendations.

(Ord. 2189, Sec. II, 2009; Ord. 2407, Sec. XV, 2019)

At the time the application for a wireless facility is filed, the applicant shall submit the following information:

(a)

An affidavit that the applicant conducted an analysis of available collocation opportunities on existing wireless facilities, within a search ring as defined by the applicant.

(b)

Multiple photo simulations of the proposed wireless facility as viewed from the adjacent residential properties and public rights of way as directed by city staff.

(c)

When possible, all wireless facilities should be designed to accommodate multiple providers (collocation).

(d)

Any application for construction of a new wireless facility must provide a detailed site plan of the proposed project. This properly scaled site plan will include one page (including ground contours) that portrays the layout of the site or public right-of-way, including the proposed wireless facility, and the identification of the specific trees, structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate. Access to and from the site or wireless facility, as well as dimensioned proposed and existing drives, must be included on this plan. Detailed exterior elevations (from all views) of the wireless facility, screening walls, and all proposed buildings must also be submitted. Finally, a landscape plan detailing location, size, number, and species of plant materials must be included for review and approval by the applicable reviewing authority.

(e)

Description of the transmission medium that will be used by the applicant to offer or to provide services and a statement that applicant will meet all federal, state, and city regulations and law, including but not limited to FCC regulations. The applicant shall provide an engineer's statement that anticipated levels of electromagnetic radiation to be generated by facilities on the site, including the effective radiated power (ERP) of the antenna, shall be within the guidelines established by the FCC. The cumulative effect of all antennae and related facilities must comply with the radio frequency radiation emission guidelines established by the FCC. An antenna radiation pattern shall be included for each antenna.

(f)

Preliminary construction schedule including completion dates; provided, that construction of the approved wireless facilities shall commence within one year after final approval and shall be diligently pursued to completion.

(g)

The applicant shall provide a copy of its FCC license.

(h)

All applications necessary for the consideration and issuance of a right-of-way permit under the public right-of-way Ordinance, if applicable.

(i)

Any other relevant information requested by city staff.

(j)

The applicant shall submit a completed application form with all required attachments and must agree to and reimburse the city for all costs related to the application. The city may collect a non-refundable application fee, subject to any statutory maximum. An application shall not be deemed submitted until the applicable fee is paid.

(k)

Notwithstanding the foregoing, as provided in 47 C.F.R. § 1.40001(c), when an applicant asserts in writing that a request for a modification qualifies as an eligible facilities request, the city may require the applicant to provide documentation or information only to the extent reasonably related to determining whether the request meets the requirements of 47 C.F.R. § 1.40001.

(Ord. 2189, Sec. II, 2009, Ord. 2407, Sec. XV, 2019)

(a)

Setbacks.

(1)

The equipment compound for wireless facilities and accessory equipment shall meet the minimum required setbacks for a principal use in the district in which it is located.

(2)

Stealth towers and alternative tower structures that are truly architecturally integrated into the building or base station shall maintain the same setbacks that are required for a principal building or base station.

(3)

Non-stealth monopoles, wireless support structures, or towers shall setback a minimum distance from all property lines equal to the height of the monopole or tower unless a reduction or waiver is granted by the governing body.

(4)

The applicant may request a reduction or waiver of the setback requirement. The planning commission shall consider the request and make a recommendation to the governing body who will make the final determination. In approving a setback reduction or waiver, the planning commission and governing body shall consider the following:

a.

That there are special circumstances or conditions affecting the proposed installation;

b.

That the setback waiver is necessary for reasonable development of the installation or the landowner's property;

c.

That the granting of the setback waiver will not be detrimental to the public health, safety, and welfare or cause substantial injury to the value of the adjacent property or other property in the vicinity in which the particular property is situated.

(b)

Screening and Landscape Buffer.

(1)

Adequate screening of the equipment cabinets for wireless facilities and accessory equipment shall be provided by a solid or semi-solid wall or fence or a permanent building enclosure using materials similar to adjacent structures on the property. All equipment cabinets shall be adequately secured to prevent access other than by authorized personnel.

(2)

Landscaping shall be required around the base or perimeter of the screening wall or fence. A combination of coniferous and deciduous trees and shrubs is required and drought tolerant plant materials are encouraged. When the visual impact of the equipment compound would be minimal, the landscaping requirement may be reduced or waived by the planning commission or governing body.

(c)

Tower/Antennae Design.

(1)

All non-stealth towers and wireless support structures shall maintain a hot dipped galvanized finish, and shall be a monopole design unless otherwise approved by the planning commission or governing body. The city public works director or other designated building official may require that providers of wireless services design their poles utilizing pole designs pre-approved by the city.

(2)

All antennae installed on towers and wireless support structures shall be internal. Antenna bridges and platforms are not allowed. Public service omni-directional antennae operated by the City of Prairie Village and other governmental agencies are exempt from this requirement.

(3)

All antennae and related facilities installed on an alternative tower structure shall be of materials that are consistent with the surrounding elements so as to blend architecturally with said structure and to camouflage their appearance. Antennae on the rooftop or above a structure shall be screened, constructed and/or colored to match the structure to which they are attached.

(4)

Antennae and related facilities shall be of materials and color that are consistent with the tower or alternative tower structure and surrounding elements so as to blend architecturally with said tower or alternative tower structure. The antennae and related facilities shall be a neutral color that is identical to, or closely compatible with, the color of the tower or alternative tower structure so as to make the antennae and related faculties as visually unobtrusive as possible. Antennae mounted on the side of a building, structure, or base station shall be painted to match the color of the building, structure, or base station or the background against which they are most commonly seen.

(5)

All electrical cables shall be installed within the wireless support structure. For installations on buildings, water towers, base stations, and other structures, cables shall be enclosed with a shield that is painted the same color as the building, water tower, base station, or structure. Underground cables that are a part of the installation shall be required to be located at a safe depth underground.

(d)

Illumination. Wireless facilities and towers may be only illuminated if required by the FCC and/or the FAA. Security lighting around the base of the tower may be installed, provided that no light is directed toward an adjacent residential property or public street.

(e)

Height. The maximum height for a wireless facility, tower, wireless support structure, or utility pole shall be 150 feet plus a lightning rod not exceeding ten feet. Provided, that as to wireless facilities to be located in the public right-of-way, the height of a wireless facility will not exceed, or cause any existing wireless facility to exceed, the lesser of:

(1)

Thirty-five feet for residential or collector streets or 45 feet for arterial streets; and

(2)

Sixty-six inches above the height of existing street light poles along the right-of-way surrounding the wireless facility.

(f)

Sealed Drawings. The construction plans for the tower shall be prepared and sealed by a structural engineer licensed in the State of Kansas. Construction observation shall be provided by the design engineer provided that said engineer is not an employee of the tower's owner. If the design engineer is an employee of the owner, an independent engineer will be required to perform construction observation.

(g)

Anti-Perch Devices. Anti-perch devices that prevent birds from perching or roosting on the installation shall be installed when appropriate.

(h)

Additional Small Cell Facility Requirements. See section 19.33.060 below.

(i)

Wireless Facilities in the Public Right-of-Way. In addition to the foregoing, wireless facilities located or to be located within the public right-of-way shall also be subject to the provisions and requirements of the public right-of-way Ordinance, including but not limited to, the following, which provisions and requirements are applicable to all users of the public right-of-way:

(1)

All newly-constructed accessory equipment shall be located underground. The ROW-user shall comply with all requirements of the city relating to underground facilities. This requirement may be waived by the public works director or other designated building official at his or her discretion for safety concerns, if approval is required or permitted under other applicable law or ordinance (including but not limited to this chapter 19.33), or some other good cause under the condition that does not cause discrimination among providers.

(2)

If the requirement for below-ground facilities is waived, the facilities shall be located as directed by the public works director or other designated building official, including, but not limited to, requirements regarding location, height, breakaway design, and clear zones, and in conformity with those design requirements set forth in the public right-of-way Ordinance. Permitted above-ground facilities shall also comply with the Manual of Infrastructure Standards and all applicable zoning regulations, including but not limited to design, size, height, setbacks, screening and landscaping, and illumination, and be located in a manner that does not compromise the public health, safety, or welfare.

(3)

No newly-constructed above-ground facilities shall be located directly in front of any single-family home (or in front of where a single-family home could be constructed, in the case of a vacant lot), provided that if the public works director or other designated building official deems it necessary or appropriate, such facilities may be located in the front yard, at or along the property line between two adjacent properties.

(4)

The electrical meter and any other necessary meter or other accessory cabinet shall not be installed on the tower, wireless support structure, or utility pole.

In the event of duplications or conflicts between the provisions of such public right-of-way Ordinance, and this chapter 19.33 as to any wireless facilities, the city shall have the right to impose and enforce among the various duplications or conflicts such requirements and standards as will best protect the public health, safety, and welfare, provided that the city enforce such requirements in a competitively neutral manner.

(Ord. 2189, Sec. II, 2009; Ord. 2407, Sec. XV, 2019)

The applicable approving authority for the city may require any or all of the following conditions and may add additional conditions if deemed necessary for a specific location to protect the public health, safety, or welfare, subject to applicable federal and state law:

(a)

The initial approval of a wireless facility (whether administratively or pursuant to a special use permit or conditional use permit) shall be for a maximum of ten years. At the end of the ten year period, the permittee shall resubmit the application and shall demonstrate to the satisfaction of the authorized approving authorities that all the conditions of approval have been met. The approval may then be extended for an additional ten years by the public works director, other designated building official, or the governing body, as required under this Code, and the permittee shall resubmit after each ten year reapproval. The process for considering a resubmittal shall be the same as for the initial application.

(b)

Any wireless facility that is not operated for a continuous period of twelve months shall be considered abandoned and the owner of such wireless facility shall remove the wireless facility and all accessory equipment within 90 days after receiving notice from the city. If such wireless facility and accessory equipment is not removed within that 90 day period, the city may order the wireless facility and accessory equipment removed and may authorize the removal of the same at the permittee's expense. Prior to the issuance of a permit for a wireless facility, the applicant shall submit a bond to the city in an amount adequate to cover the cost of wireless facility and accessory equipment removal and the restoration of the site. This bond will be secured for the term of the permit plus one additional year. In the event the bond is insufficient and the permittee otherwise fails to cover the expenses of any such removal, the site owner shall be responsible for such expense.

(c)

The applicant shall have a structural inspection of the applicable tower, wireless support structure, alternative support structure, or utility pole performed by a licensed professional engineer licensed in the State of Kansas prior to every ten year renewal and submit it as a part of the renewal application.

(d)

Any wireless facility, tower, wireless support structure, utility pole, or antenna which is not structurally maintained to a suitable degree of safety and appearance (as determined by the city and any applicable law, statute, ordinance, regulation or standard) and which is found not to be in compliance with the terms of the permit(s) will become null and void within 90 days of notification of noncompliance unless the noncompliance is corrected. If the permit becomes null and void, the applicant will remove the wireless facility and all appurtenances and accessory equipment and restore the site to its original condition.

(e)

The permittee shall keep the(site well-maintained including maintenance and replacement of landscape materials; free of leaves, trash and other debris; and either regularly cleaning up bird droppings or installing anti-perch devices that prevent birds from perching on the installation.

(f)

In the future, should the levels of radio frequency radiation emitted be determined to be a threat to human health or safety, the wireless facility, tower, wireless support structure, utility pole, or antenna shall be rectified or removed as provided for herein. This finding must be either mandated by any applicable law, by federal legislative action, or based upon regulatory guidelines established by the FCC.

(g)

In order to ensure structural integrity, all wireless facilities, towers, wireless support structures, utility poles, and antennae shall be constructed and maintained in compliance with all applicable local building codes and the applicable standards for such wireless facilities, towers, wireless support structures, utility poles, and antennae that are published by the Electronic Industries Alliance.

(h)

All wireless facilities, towers, wireless support structures, utility poles, and antennae shall meet or exceed all minimum structural and operational standards and regulations as established by the FCC, FAA, EPA and other applicable federal regulatory agencies. If such standards and regulations are changed, then all facilities, towers, and antennae shall be brought into compliance within six months of the effective date of the new standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal agency.

(i)

It shall be the responsibility of any permit holder to promptly resolve any electromagnetic interference problems in accordance with any applicable law or FCC regulation.

(j)

The applicant shall provide a copy of the lease or license between the applicant and the landowner, which lease or license must contain a provision whereby the landowner shall be responsible for the removal of the wireless facility in the event that the leaseholder or licensee fails to remove it upon abandonment.

(k)

Information to establish the applicant has obtained all other government approvals and permits to construct and operate communications facilities, including but not limited to, approvals by the FCC and the Kansas Corporation Commission.

(l)

If any wireless facilities or accessory equipment are to be located within, upon, or over the public right-of-way, then prior to the approval of a permit, the applicant shall enter into an agreement (including in the form of a small cell facility deployment agreement, if required by the city) whereby it agrees to abide by the requirements of the city's public right-of-way Ordinance and to protect the city from any liability associated with the proposed installation. Such protection shall include requirements regarding bond, insurance, and indemnification. The agreement shall be in a form approved by the city's legal counsel, and the permittee shall pay such fees as may be set forth in the agreement.

(m)

If any wireless facilities or accessory equipment are to be located upon or connected to any city-owned utility poles or other facilities, then prior to the approval of a permit the applicant shall enter into a license or pole attachment agreement with the city. The agreement shall be in a form approved by the city's legal counsel, and the permittee shall pay such license, attachment, and connection fees as may be set forth in the agreement.

(Ord. 2189, Sec. II, 2009; Ord. 2407, Sec. XV, 2019)

All installations for which a special use permit or conditional use permit is required shall have a site plan approval in accordance with chapter 19.32, Site Plan Approval.

(Ord. 2189, Sec. II, 2009 ; Ord. 2407, Sec. XV, 2019)

The initial approval of the site plan (whether administratively or pursuant to a special use permit or conditional use permit) shall be for a maximum of ten years. At the end of the ten year period, the applicant shall resubmit the application and shall demonstrate to the satisfaction of the authorized approving authorities that all the conditions of approval have been met. The application may then be extended for an additional ten years. The approval may then be extended for an additional ten years by the public works director, other designated building official, or the governing body, as required under this Code, and the permittee shall resubmit after each ten year reapproval. The process for considering a resubmittal shall be the same as for the initial application.

(Ord. 2189, Sec. II, 2009 ; Ord. 2407, Sec. XV, 2019)

In addition to any eligible facilities request, modifications to existing wireless facilities shall be allowed when these alterations or improvements are implemented to:

(a)

Accommodate additional wireless services providers, provided that the modifications meet all applicable requirements of this chapter. If the modification is to a wireless facility or site for which a special use permit was approved, then unless otherwise provided for by the current special use permit, application for such modifications will require approval through an amended special use permit. However, if provided by the current special use permit, such application shall be considered a revised final site plan and will only require submission to and approval of the planning commission.

(b)

Any such modification shall meet any and all current applicable design and technical standards and requirements. The cumulative effect of any additional antennae and related facilities must comply with the radio frequency radiation emission guidelines established by the FCC.

(c)

Additional Antennae. When provided for in the approved capacity limit of a multi-user tower's current special use permit, additional antennae or replacement of current antennae may be added through an application for a revised site plan and will only require submission to and approval by the planning commission. Any additional antennae that exceed the originally approved capacity limit shall be considered a revised application, and shall require an amended special use permit to locate. Any additional antennae or replacement of current antennae shall meet any and all current applicable design and technical standards and requirements. The cumulative effect of any additional antennae and related facilities must comply with the radio frequency radiation emission guidelines established by the FCC.

(d)

In the event that new technology provides a better alternative to the design requirements herein, the planning commission may reasonably approve or require design modification of a wireless facility, tower or antenna when the appearance of the same is deemed to be less obtrusive than the requirements permitted herein.

(e)

Any proposal by a permit holder to replace a current antenna or to alter and improve an existing wireless facility, tower, wireless support structure, or antenna in a manner to make the same less obtrusive such as lessening the tower height, converting the structure to an alternative tower structure, or modifying the antenna to a "slim line" or internal design shall be considered as an amended site plan and will only require submission to and approval by the planning commission.

(f)

Any such modification shall meet any and all current applicable design and technical standards and requirements, and the cumulative effect of any additional Antennae and related facilities must comply with the radio frequency emission guidelines established by the FCC.

(Ord. 2189, Sec. II, 2009 ; Ord. 2407, Sec. XV, 2019)

The location, design and appearance of small cell facility installations shall further be subject to the following:

(a)

City Permit. Prior to installation, the provider shall obtain a permit from the city. If the proposed installation is located in the public right-of-way, the permit shall be issued in accordance with the city's requirements for a right-of-way permit, as set forth in the public right-of-way Ordinance. Otherwise it shall be issued by the building official.

(b)

Staff Review. The size, location, and appearance of the small cell facilities will be subject to staff review and approval, and subject to any special use permit or conditional use permit requirements as set forth in this chapter. In its discretion, if staff does not feel the proposed installation meets the intent of this regulation, this chapter 19.33, or the public right-of-way Ordinance, it may refer approval of the permit to the planning commission.

(c)

Traffic and Decorative Poles. Small cell facilities shall not be permitted on existing or proposed traffic signal poles or existing or proposed streetlight poles that have existing or proposed traffic signal equipment mounted to them. Small cell facilities shall not be allowed to collocate on decorative streetlight poles or poles that have decorative luminaries.

(d)

Aesthetic Standards. In addition to those requirements set forth in section 19.33.035 above, the following provisions apply:

(1)

Antennae for small cell facilities shall either be mounted internal to the wireless support structure or utility pole, or top-mounted and concealed within a radome that also conceals the cable connections, antenna mount, and other hardware. The cables or wires other connecting the antennae to the equipment box shall be contained inside the utility pole or wireless support structure or shall be flush mounted to the same and covered with a metal, plastic, or similar material cap that matches the color of the utility pole or wireless support structure and is properly secured and maintained by the provider.

(2)

Antennae and related facilities (including any radome) shall be of materials and color that are consistent with the tower, alternative tower structure, wireless support structure, utility pole, and surrounding elements so as to blend architecturally with said tower, alternative tower structure, wireless support structure, or utility pole. The antennae and related facilities shall be a neutral color that is identical to, or closely compatible with, the color of the tower, alternative tower structure, wireless support structure, utility pole so as to make the antennae and related faculties as visually unobtrusive as possible. Antennae mounted on the side of a building, structure, or base station shall be painted to match the color of the building, structure, or base station of the background against which they are most commonly seen.

(3)

Small cell facilities will be allowed to be mounted on existing utility poles but the installation of taller utility poles or new overhead wiring to accommodate the small wireless communications antennae and small cell facilities will not be permitted unless approved as a special use permit, as provided in section 19.33.020 above.

(e)

Collocation. Not more than three antennae panels and one provider may be located on a utility pole or monopole.

(f)

Strand-Mounted Installations. Aerial fiber and power strand installations are allowed. However, coiling of excess fiber or other cables is not allowed. All lines shall be neatly trained and secured.

(1)

Any strand-mounted facility shall not be larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and any exterior antenna shall be no longer than 11 inches, that are strung on cables between existing utility poles, in compliance with the National Electrical Safety Code, and shall be subject to the structural limitations of the city or utility company, as applicable.

(2)

The equipment shroud must be non-reflective and painted or color-impregnated to match the color of the existing pole, or surrounding infrastructure, as close as possible.

(g)

Utility Racks. Utility racks will not be permitted and all accessory equipment will be contained within an enclosed utility box. Utility boxes shall be located and installed in accordance with the requirements of chapter 19.30 and chapter 19.34 of the zoning regulations, and in accordance with the requirements of the public right-of-way Ordinance (if applicable). The electrical meter and any other necessary meter or other accessory cabinet shall not be installed on the tower, wireless support structure, or utility pole.

(h)

Other Information. The applicant shall provide proof that it is a licensed provider and will comply with all federal, state and city regulations and laws relative to wireless services. The applicant shall provide any relevant information requested by city staff, to the extent permitted of the city by applicable law.

(Ord. 2189, Sec. II, 2009; Ord. 2407, Sec. XV, 2019)