§ 5.02.130. General ROW design standards.

The following ROW design standards apply to the development of wireless communications facilities in all ROW design districts:

(a)

Use of Existing Structures. In accordance with Section 5.02.150, municipal facilities are preferred. Use of available and suitable municipal facilities in the rights-of-way is required if they are located within three hundred linear feet from a licensee's proposed wireless communications facility. If an existing municipal facility is located within three hundred linear feet from a licensee's proposed wireless communications facility and cannot accommodate the licensee's proposed installation, the municipal facility shall, upon the county's approval, be replaced and shall comply with any design standards in this chapter applicable to the ROW design district in which the proposed wireless communications facility is located.

(b)

Replacement of Municipal Facilities.

(1)

Subject to the ROW design standards that apply to a specific row design district where a licensee's proposed wireless communication facility is located, the replacement municipal facilities shall be substantially similar in appearance to the municipal facility being replaced and shall include exact replacement of the lighting fixtures, or substantially similar as approved by public works, if there are lighting fixtures installed on the existing municipal facility.

(2)

Any Type 3 Replacement Smart Pole, Type 5 Multicarrier Smart Pole, and any municipal facility replaced to increase the structural capacity or other authorized reasons shall be installed at licensee's sole cost. Upon completion of installation, the Licensee shall transfer ownership of a Type 3 Replacement Smart Pole, Type 5 Multicarrier Smart Pole, or replaced municipal facility to the county. Licensee(s) shall be responsible for the maintenance costs of a Type 3 Replacement Smart Pole, Type 5 Multicarrier Smart Pole, or replaced municipal facility during the licensee's occupancy, except that any light fixture shall be maintained by the county after it is installed.

(c)

New Smart Poles Installed in the Rights-of-Way.

(1)

When a Type 4 New Smart Pole is authorized by this chapter, the Type 4 New Smart Pole shall be designed to be architecturally compatible with the surrounding municipal facilities and land uses in and immediately adjacent to the ROW design district, or otherwise integrated to blend in with existing characteristics of the site to the extent technologically feasible.

(2)

When a Type 4 New Smart Pole is authorized by this chapter, the Type 4 New Smart Pole shall also comply with the ROW design standards that apply to the specific ROW design district where the licensee's proposed wireless commination facility is located.

(d)

Separation. Except in the wireless performance improvement districts, a wireless service provider shall not operate, occupy, broadcast from, or otherwise use a wireless communications facility in the rights-of-way that is located within three hundred linear feet of another wireless communications facility that the wireless service provider is operating, occupying, broadcasting from, or otherwise using in the rights-of-way. In addition, each municipal facility that a licensee obtains a wireless site license approval for must be located at least three hundred linear feet from any other municipal facility for which the licensee has a site license approval. In the event of a violation of either requirement in this section, the county shall have the option to terminate one or both wireless site license approvals and require the licensee to remove their wireless communications facility within sixty days. The requirements of this subsection on separation do not apply in the wireless service improvement districts.

(e)

Minimum Mounting Heights.

(1)

Antennas. Any antennas allowed under this section shall be mounted in such a manner that the bottom of the antennas will be at least fifteen feet above grade.

(2)

Equipment Cabinets. Any equipment cabinet allowed by this section to be mounted to the exterior of a municipal facility or a third-party structure, shall be: (i) mounted in such a manner that the bottom of the equipment cabinet is at least eight feet above grade; or (ii) integrated into the interior of the municipal facility or third-party structure.

(f)

Compliance with Special Overlay Zoning Districts. A licensee shall comply with any of the requirements of special overlay regulations that are required by Title 30 of the Clark County Code to be imposed on adjacent properties.

(Ord. No. 4659, § 1, 1-7-2019)