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A. No small wireless facility permit shall be approved unless the following criteria, as applicable, are demonstrated:

1. The small wireless facility’s vertical clearance does pose a hazard to other users of the rights-of-way.

2. Replacement poles and new poles comply with the ADA, city construction and sidewalk clearance standards, traffic warrants, city ordinances, and state and federal statutes and regulations in order to provide a clear and safe passage within the rights-of-way.

3. The location of any replacement pole or new pole must be physically possible, cannot obstruct vehicular or pedestrian traffic or the clear zone, not interfere with utility or safety fixtures (e.g., fire hydrants, traffic control devices), and not adversely affect the public welfare, health, or safety.

4. No equipment shall be operated so as to produce noise in violation of Chapter 8.28 AMC.

5. Small wireless facilities may not encroach onto or over private property or property outside of the right-of-way without the property owner’s express written consent. (Ord. 1189-21 § 2 (Exh. A), 2021).