§ 9-7-5. Network nodes in the public right-of-way; maximum size and height; other requirements.

(A)

Maximum size of permitted use . Collocation of permitted use network nodes and installation of new, modified, or replacement utility poles or node support poles in the public right-of-way shall be subject to the size and height limitations specified in V.T.C.A., Local Government Code §§ 284.003 and 284.103, as may be amended, and as otherwise provided in applicable law.

(B)

Undergrounding provisions . A network provider shall comply with nondiscriminatory undergrounding requirements, City Code provisions, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing above-ground structures in a public right-of-way without first obtaining zoning or land use approval. This requirement or restriction shall not be interpreted to prohibit a network provider from replacing an existing structure.

(C)

Historic areas and design districts . Subject to the permit application approval time frames in Section 9-7-4 of this Chapter, a network provider must obtain advance approval from the City before collocating new network nodes or installing new node support poles in any areas zoned or designated as a historic district or as a design district if the district has decorative poles. Such installations shall be subject to the design and aesthetic standards of such areas.

(D)

Installation in municipal parks and residential areas . A network provider may not install a new node support pole in a public right-of-way without the City's discretionary, nondiscriminatory, written consent of the City Manager if the public right-of-way is:

(1)

Located in a municipal park; or

(2)

Is adjacent to a street or thoroughfare that is:

(a)

Not more than 50 feet wide; and

(b)

Adjacent to single-family residential lots or other multifamily residences or undeveloped land that is designated for residential use by zoning or deed restrictions.

A network provider shall comply with private deed restrictions and other private restrictions when installing network nodes in parks and residential areas.

(E)

Zoning . A network provider seeking to construct, replace or modify a pole or network node in the public right-of-way that exceeds the height or size limits contained in this Section shall be subject to applicable zoning requirements.

(Ord. No. 9710 , § 1, 10-24-2017)