2018-29 Adding City Code Chapter 41.2 Small Wireless Facilities

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Chapter 41.2 SMALL WIRELESS FACILITIES 1. PURPOSE. The purpose of this Chapter is to establish regulations, standards and procedures for the sitting and collocation of small wireless facilities on rights-of-ways within the City's jurisdiction, or outside the rights-of-way on property zoned by the City exclusively for commercial or industrial use, in a manner that is consistent with the Small Wireless Facilities Deployment Act as amended. 2. DEFINITIONS. For the purpose of this Chapter, the following terms shall have the following meanings: Antenna- communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. Applicable code- building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes, including the National Electrical Code. Applicant-any person who submits an application and is a wireless provider. Application-a request submitted by an applicant to the City for a permit to collocate small wireless facilities,and a request that includes the installation of a new utility pole for such collocation, as well as any applicable fee for the review of such application. Central Business District-Defined in the City's Zoning Ordinance as district B-4, and is generally bounded by Wood Street,Jackson Street, Cerro Gordo Street and Church Street. The exact boundaries of the Central Business District are shown on the Zoning District Map which is reviewed and approved annually by the City Council,and is kept on file with the City Clerk. Collocate or collocation-to install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole. Communications service- cable service, as defined in 47 U.S.C. 555(6), as amended; information service, as defined in 47 U.S.C. 153(24), as amended; telecommunications service, as defined in 47 U.S.C. 153(53), as amended; mobile service, as defined in 47 U.S.C. 153(53) as amended; or wireless service other than mobile service. Communications service provider- a cable operator, as defined in 47 U.S.C. 522(5), as amended; a provider of information service, as defined in 47 U.S.C. 153(24), as amended; 1