§ 20-102. Prohibited or restricted areas for wireless facilities in the right-of-way.

(a)

Prohibited: Municipal parks and residential areas. A network provider may not install a new node support pole in the following locations:

(1)

In a municipal park; or

(2)

In right-of-way that is adjacent to a street that is:

a.

Not more than 50 feet wide at average width, measuring vehicular traveled portion only as set out in the definition of "street" and the measurement does not include intersections and refers only to the main traveled portion measured at mid-block or mid-point between intersections; and

b.

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

(3)

Construction in right-of-way adjacent to a school is prohibited, unless all contractors, sub-contractors, or other workers follow all statutory requirements in the educational code regarding work on school grounds, including but not limited to chapters 21 and 22.

(b)

Prohibited: Undergrounding district.

(1)

Above ground structures shall not be installed in an underground district or underground requirement area, except as provided herein.

(2)

A network provider shall comply with nondiscriminatory undergrounding requirements, including municipal ordinances, zoning regulations, state law, private deed restrictions, and other public or private restrictions, that prohibit installing aboveground structures in a public right-of-way without first obtaining the appropriate zoning, land use approval or other required approval.

(3)

In addition to areas designated in this article, future areas may be designated from time to time by the city as underground required areas by any means, including but not limited to means such as ordinances, resolutions, or filed plats. If an area is converted from an area that allows overhead lines to one that prohibits overhead lines, all subsequent installations shall meet the requirements for an underground district.

(4)

If a location is designated by the city to be underground required area, then a network provider's permit for the location of the micro network node, network node, node support pole, and related ground equipment at such location will be automatically revoked, with removal of said the micro network node, network node, node support pole, and related ground equipment at such location within 90 days of such designation, or as otherwise allowed for the transition of other overhead facilities.

(c)

Restricted: Historic district and design districts.

(1)

A network provider must obtain advance written approval from the city before collocating network nodes or installing node support poles in a design district with decorative poles or in an area of the city zoned or otherwise designated as a design district or historic district.

(2)

Concealment required.

a.

As a condition for approval of network nodes or node support poles in design districts with decorative poles or in a historic district, concealment measures are required for network nodes or node support poles or related ground equipment or any portion of the nodes, poles, or equipment.

b.

Said concealment measures shall minimize the impact to the aesthetics in a historic district or design district.

(3)

Network provider shall comply with and observe all applicable city, state, and federal laws and requirements, including historic preservation laws and requirements.

(d)

Historic landmarks. Network provider is discouraged from installing a network node or node support pole within 300 feet of a historic site or structure or historic landmark recognized by the city, state or federal government (see, for example, and not limited to V.T.C.A., Government Code § 442.001(3) and 16 U.S.C. § 470), as of the date of the submission of the permit.

(e)

Collocation will not be allowed on decorative poles in any district.

(f)

Designated areas.

(1)

The council may designate an area as a historic district, design district or underground district at any time.

(2)

Underground district. Any area that meets the definition of underground district or underground requirement area shall be considered an underground district or underground requirement area. An area does not need to be designated by this article to be considered to be within an underground district. Such designation does not require a zoning case. Any area declared to be an underground district by city council or any area that meets the definition of underground district or underground requirement area shall be subject to all requirements and protections for an underground district.

(3)

Historic district.

a.

Historic district number 1 is Main Street Commercial Historic district and is bounded by Northwest Highway, Jenkins Street, Barton Street, and Franklin Street.

b.

Historic district number 2 is College Street Residential Historic District and includes properties along north and south of College Street between Ball Street and Dooley Street.

c.

Historic district number 3 is D. E. Box Addition Historic District and includes homes along the south side of Wall Street from 728 East Wall Street to 922 East Wall Street; homes along the north and south sides of the 800 and 900 blocks of East Texas Street, homes along the north and south sides of the 800 and 900 block of East Worth Street, homes along the west side of the 200 and 300 blocks of Ruth Street.

d.

Historic districts are not limited to those designated above and the city council may designate an area as a historic district at any time. An area does not need to be designated by this article to be considered to be within a historic district. Such designation does not require a zoning case. Any area declared to be a historic district by city council or any area that meets the definition of historic district shall be subject to all requirements and protections for a historic district.

(4)

Design district. The city council may designate an area as a design district at any time. An area does not need to be designated in this article to be considered to be within a design district. Such a designation does not require a zoning case. Any area designated by city council as a design district or any area that meets the definition of a design district shall be subject to all requirements and protections for a design district.

(g)

Defense. It shall be a defense to the above requirements prohibiting or restricting location of facilities in a park, residential area, historic district, design district or underground district that the network provider obtained advance written approval or waiver of restrictions from the city before collocating new network nodes or installing new node support poles or ground equipment in a prohibited or restricted location. In any prosecution herein for such prohibition or violation of any restrictions, it shall be an affirmative defense to have an agreement with the city that approved such location or waived the applicable restriction.

If an agreement is granted to locate in a prohibited location, the network provider shall be required, as a condition for approval of new network nodes or new node support poles in a prohibited location, to install reasonable design or concealment measures for the new network nodes or new node support poles. Therefore, any request for installations in a prohibited location, must be accompanied with concealment measures in the permit applications.

The city requests that a network provider explore the feasibility of using certain camouflage measures to improve the aesthetics of the network nodes, node support poles, or related ground equipment, or any portion of the nodes, poles, or equipment, to minimize the impact to the aesthetics in all locations of the city.

(h)

Private deed restrictions and property owners association rules. A network provider installing a network node or node support pole in a public right-of-way described above shall comply with private deed restrictions and other private restrictions in the area that apply to those facilities.

(i)

Ground equipment.

(1)

Ground equipment shall be minimal and the least intrusive at all sites.

(2)

In order to maximize line of sight at street corners and intersections and minimize hazards at those locations, ground equipment may not be installed within 250 feet of a street corner or street intersection.

(3)

Ground equipment may not be installed at street corners or intersections within a visibility triangle.

(4)

Ground equipment shall not be installed near a driveway.

(j)

Each permit application shall designate if the requested area for installation is within one a residential area, a municipal park, an underground district or underground requirement area or a historic district or a design district.

(Ord. No. 2017-049, § 2, 8-15-17)