Arizona Laws 11-1805. Applicability; location outside of a county-owned right-of-way
A. This section applies to the installation, modification or replacement by a wireless provider of a utility pole or the collocation by a wireless provider of a small wireless facility on a utility pole or a wireless support structure outside of the right-of-way.
Terms Used In Arizona Laws 11-1805
- Applicant: means any person that submits an application and that is a wireless provider. See Arizona Laws 11-1801
- Application: means a request that is submitted by an applicant to a county on a form provided by the county for a permit to collocate small wireless facilities or to approve the installation, modification or replacement of a utility pole. See Arizona Laws 11-1801
- collocation: means to install, mount, maintain, modify, operate or replace wireless facilities on, within or adjacent to a wireless support structure or utility pole. See Arizona Laws 11-1801
- Fee: means a onetime charge to process an application and inspect any work performed by an applicant pursuant to a permit issued by the county. See Arizona Laws 11-1801
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
- Right-of-way: means the area on, below or above a county roadway, highway, street, sidewalk, alley or utility easement. See Arizona Laws 11-1801
- Small wireless facility: means a wireless facility that meets both of the following qualifications:
(a) All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume. See Arizona Laws 11-1801
- Utility pole: means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals or a similar function. See Arizona Laws 11-1801
- Wireless provider: means a cable operator, wireless infrastructure provider or wireless services provider. See Arizona Laws 11-1801
B. The installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure is a permitted use in every zoning district in the county except for single-family residential zoning districts.
C. The installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure is not a prohibited use in any zoning district in the county.
D. In any zoning district in which the installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure is not a permitted use, the county shall establish a procedure by which an applicant may seek to install, modify or replace a utility pole or collocate a small wireless facility on a utility pole or a wireless support structure.
E. Except as provided in this section, all zoning requirements of the zoning district in which the applicant seeks to install, modify or replace a utility pole or collocate a small wireless facility on a utility pole or a wireless support structure outside the right-of-way that are generally applicable to all applicants within that zoning district apply to the applicant.
F. The county may adopt reasonable zoning requirements that are applicable only to the installation, modification or replacement of a utility pole or the collocation of a small wireless facility on a utility pole or a wireless support structure and that reflect sound zoning and planning.
G. A fee for a zoning application and approval required under this section shall conform to the fees applicable to similar applications within the county.
H. For zoning applications required under this section, a county shall either:
1. Incorporate the application process and time frames for the installation, modification or replacement of a utility pole or wireless support structures, or for the collocation of small wireless facilities, into processes and time frames previously adopted by the county pursuant to section 11-1605.
2. Adopt an application process and time frames for the installation, modification or replacement of utility poles or wireless support structures, or for the collocation of small wireless facilities, that comply with section 11-1605. The application process and time frames shall be adopted within the period beginning on August 9, 2017 and ending after the time allowed under the county’s procedures adopted under section 11-1605 for the adoption of an ordinance, or ninety days after receiving a request by a wireless provider, whichever is later.