§ 1612. Denial of permit; reasons for denial.

As provided in Section 36-504 of the State Act, the City of Tulsa may deny a proposed installation/location of a small wireless communications facility or installation, modification or replacement of a utility pole that meets the height requirements in subsection E. of Section 36-503 of the State Act if the proposed installation/location:

A.

Materially interferes with the safe operation of traffic control equipment or emergency management systems or devices;

B.

Materially interferes with sight lines or clear zones for transportation or pedestrians;

C.

Materially interferes with compliance with the Americans with Disabilities Act or similar federal or state standards regarding pedestrian access or movement;

D.

Materially interferes with Federal Aviation Administration requirements or the operation of an airport or air traffic;

E.

Fails to comply with reasonable and nondiscriminatory spacing requirements of general application adopted by ordinance that concern the location of new utility poles. Such spacing requirements shall not prevent a wireless provider from serving any location;

F.

With respect to ground-mounted equipment, fails to comply with reasonable and nondiscriminatory requirements of general application adopted by ordinance that concern spacing of the ground-mounted equipment; interference with sight lines, clear zones or pedestrian access or movement; unhindered use of the right-of-way by other right-of-way occupants, including the authority; or design or concealment measures in a historic district;

G.

Fails to comply with applicable codes, including without limitation the most recent version of the National Electrical Safety Code;

H.

Causes the utility pole or wireless support structure to become structurally unsound, unless the applicant demonstrates that it will address the problem adequately, such as by modifying or replacing the structure; or

I.

Materially interferes with the intended use of a City of Tulsa-owned pole.

The City of Tulsa shall process any denial, and the provider's cure of any deficiency, as stated in subsection D.9. of Section 36-504 of the State Act. Deadlines shall be tolled as provided in subsections D.6. and D.7. of Section 36-504 of the State Act.

(Ord. No. 24060 , § 1, 12-5-2018)