Permit required to place DAS and/or small cell technology facilities.
Meridian Code of Ordinances § 16-202
in effectSec. 16-202. - Permit required to place DAS and/or small cell technology facilities.
(a) A provider or applicant must obtain an infrastructure permit from the city before placing, installing, constructing, or operating any DAS and/or small cell technology facility (and associated accessory equipment) on any support structure that is located on the right-of-way, or private property, including substantially modifying the position or characteristics of any such existing facility thereon.
(b) The director of planning (the "director"), or his/her designee, will review and administratively process any request for a permit to determine whether, in the exercise of the director's reasonable discretion, it should be issued for the location and in the manner requested by the applicant. In those districts which require a conditional use permit as required by this ordinance, after such conditional use permit is issued, the director may review and administratively process any request for a permit to determine whether, in the exercise of the director's reasonable discretion, it should be issued for the location and in the manner requested by the applicant. In this process, the burden is on the provider or applicant to demonstrate that the placement of the proposed DAS and/or small cell technology facility and associated accessory equipment or support structure is necessary to achieve the provider's or applicant's goal of enhancing the provision of personal wireless services when considering all pertinent factors discussed in the provision immediately below. Except as set forth in this section or if an appeal is taken, this permitting process will be administrative and not require the approval of the city council or city official other than the director. The factors, requirements and guidelines that the director may consider and will apply when determining whether to issue a permit for placement of DAS and/or small cell technology facilities and associated structures include, but are not limited to, the following:
(1) A conditional use permit has been approved by the director, if a new support structure is necessary. In addition to the standard review criteria, the following criteria shall also be considered by the director in considering an application for a new support structure:
a. Spacing between support structures,
b. Collocation availability,
c. Appearance of the proposed support structure and facilities as a whole, and
d. Impact to the surrounding environment;
(2) The visual impact of placing the support structures or facilities in the subject area;
(3) The ability and specifications of the structures upon which the facilities and accessory equipment are placed to safely support those facilities and accessory equipment;
(4) The character of the area in which the facilities are proposed for placement, including surrounding buildings, properties and uses;
(5) Whether the appearance and placement of the requested facilities is aesthetically consistent with the immediate area and/or needs landscaping or other screening features;
(6) Whether the facilities are consistent with the historic nature and/or unique characteristics of the requested location;
(7) Whether the facilities exceed the height of similar existing structures in the area, or where no similar existing structures are present, whether the facilities exceed the height limitations established for the zoned district in which a structure is proposed, but in no event shall a facility's height exceed fifty (50) feet;
(8) Collocation. To the extent reasonable, in the discretion of the director, all facilities and associated accessory equipment that are placed in the city shall be attached to a pre-existing support structure that is owned, controlled or leased by a utility, franchisee, the city or other entity or person with the permission of the owner of such structure. If the applicant demonstrates that no collocation opportunities exist in the area where a technologically documented need for a facility exists, the applicant may request that a new pole or other support structure be installed in that area for purposes of constructing the facilities. Before any new support structure is permitted, each of the following must occur:
a. The applicant must have provided the city written evidence that no reasonable collocation opportunity exists. This documentation should include, but not be limited to, affidavits, correspondence, or other written information that demonstrates that the applicant has taken all commercially reasonable actions to achieve collocation in the requested location or area, that the applicant has pursued but been denied (or received no response) access to all potential collocation sites in the subject area (and the reasons for any such denial(s)), or otherwise show that the applicant is unable to collocate on an existing support structure, including for technical and other valid reasons; and
b. The director must recommend the placement of a new support structure in the right-of-way after thorough review by the director of public works, or his designee; and
c. Newly constructed support structures shall be to the extent reasonably possible, built in such manner as to readily accommodate collocation by no less than one (1) similar (though potentially competing) entity with equipment of equal or greater size. The owner of such structure shall not unreasonably deny another carrier from collocation. The collocation requirement may be waived by the City of Meridian for good cause shown. Such waiver will not be unreasonably withheld; and
d. A conditional use permit is approved by the director.
(9) If a facility is attached to a utility pole or other support structure, no antenna or other part of the facility shall extend more than ten (10) feet above the height of such support structure; if the facility includes an antenna array, the array shall be flush mounted within eighteen (18) inches of the support structure, or be contained in a canister that is a continuation of the approximate diameter of the support structure, and the array colored to match the support structure;
(10) The location of any new facilities shall be subject to review by the director for its visual impact and to avoid an appearance of "clutter" among other right-of-way uses in the vicinity;
(11) The accessory equipment shall, if reasonably possible, be buried, placed within the pole, in a cabinet under the pole, or at least twelve (12) feet above the ground and limited to twenty-eight (28) cubic feet cumulatively;
(12) The color of antenna and accessory equipment shall be compatible with that of the support structure or in a manner that otherwise attempts to conceal the equipment against the background of the developed or natural environment;
(13) The facility (including the accessory equipment) shall not be illuminated unless required by applicable laws and regulations;
(14) Display of logos, branding, or the like on the facilities in any way that may reasonably be construed as advertising shall be prohibited;
(15) Whether applicant has provided documentation that the proposed installation will not cause harm to the public or pose any undue risk to public safety;
(16) Whether the proposed installation may interfere with vehicular traffic, passage of pedestrians, or other use of the right-of-way by the public;
(17) If the proposed installation will disturb conditions on the right-of-way, whether the applicant can demonstrate its ability and financial resources to restore the subject area to its preexisting condition following installation;
(18) Structures and facilities, either in their installation or continued operation shall in no way interfere with the telecommunications capabilities of emergency responders or any public safety personnel; and
(19) That the applicant covenants and agrees to indemnify, defend, save, and hold harmless the City of Meridian, Mississippi, and its agents, officials, officers, and employees from and against any and all claims, injuries, losses, liabilities, damages, charges, costs, and expenses (including reasonable attorneys' fees and costs), whether suffered by the applicant or any other person (including the City of Meridian, its agents, or employees), which may occur on the property of the City of Meridian or elsewhere, on account of or by reason of any matters which arise during, or from, the issuance of the permit described herein or which may materially affect the issuance of the permit described herein, except to the extent that any such matter is caused by the negligence or misconduct of the City of Meridian, its employees, contractors or agents.
(Ord. No. 4526, § 2, 10-1-19)
Source: City of Meridian, Mississippi, Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/ms/meridian/codes/code_of_ordinances?nodeId=COOR_CH16OFMIPR_ARTXISMCETEFA_S16-202PEREPLDASMCETEFAFetched: 11/1/2026