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12/13/2019 9:07:10 AM
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1/10/2019 4:16:58 PM
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Except as authorized by Section 32 -154 noio new pole shall be installed in an underground <br />district designated under article V of this chapter, provided however that installation of new <br />wireless support structures in underaround districts shall only be prohibited if <br />(1)The undergrounding requirement or comprehensive plan objective resulting in creation <br />of the undergrounding requirement existed at least three months prior to the submission of the <br />application for erection of the wireless support structure: <br />(2) Co- location of wireless facilities on existing utility poles, city -owned structures with the <br />city's consent, existing wireless support structures, or a building within the underground district <br />is permitted: <br />(3)The replacement of existing utility poles and wireless support structures with poles or <br />support structures of the same size or smaller is permitted in the underground district: and <br />(4)The disapproval of the application for erection of a wireless support structure in the <br />underground district would not unreasonably discriminate between the applicant and other <br />wireless services providers._ wireless infrastructure providers. providers of telecommunications <br />services, and other providers of functionally equivalent services. <br />Sec. 32 -138. — New and replacement poles and wireless support structures. <br />(a) New poles, including utility_ poles, and new wireless support structures shall be as <br />consistent as possible with the materials, finish and color of the adjacent poles in the <br />surrounding area. <br />(b) Where it is necessary to replace an existing pole or wireless support structure due to age. <br />maintenance, condition or structural issues, the replacement pole shall not be considered a <br />new pole or new wireless support structure so long as the new pole or new wireless <br />support structure does not exceed 50 feet in height, measured from the surface of the <br />street, and is not more than 10 feet taller than the tallest existing utility pole located within <br />500 feet of the replacement pole within the same public way or within the existing line of <br />op les. <br />ARTICLE V. — UNDERGROUND WIRES. <br />Sec. 32 -154. - Erection or maintenance of aerial wires, cables, etc., in underground districts. <br />(a) It shall be unlawful for any person to erect or maintain aerial wires, cables- wireless support <br />structures or poles within the underground utility districts described in this article after the <br />dates applied to the respective districts in section 32 -153 except as otherwise stated in <br />section 32 -137 and subsection (b) below. Notwithstanding the foregoing sentence. replacing <br />utility poles and wireless support structures with poles or wireless support structures of the <br />came size or smaller shall be permissible under this article V <br />(b) No exception shall be granted unless the city manager finds that such requested exception <br />would not be injurious to the neighborhood, that denial would create severe and undue <br />hardship for the person, and that denial would result in no appreciable benefit to the <br />neighborhood. The granting of an exception shall be at the sole discretion of the city <br />manager. <br />
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