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The city council finds, determines and declares as follows:
A. The purpose of the regulatory provisions set forth in this article is to establish development standards for the installation and maintenance of antennas and wireless antenna facilities within specified areas of the city. These standards are intended to ensure that the design and location of those antennas and facilities are consistent with previously adopted policies of the city, including the city's master telecommunications plan, to promote the public health, safety, comfort, convenience, and general welfare of the city's residents, and to enhance the aesthetic quality and appearance of the city by maintaining architectural and structural integrity and by protecting views and vistas from obtrusive and unsightly accessory uses and facilities.
B. In adopting and implementing the regulatory provisions of this article, it is the intent of the city council to further the objectives specified in subsection A of this section without unnecessarily burdening the federal interests in ensuring access to satellite services, in promoting fair and effective competition among competing communications service providers, and in eliminating local restrictions and regulations that, with regard to antennas, preclude reception of an acceptable signal quality or unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of those antennas.
C. With regard to the regulatory requirements set forth in sections 10-3-4506 and 10-3-4504 of this article that relate to a minor accommodation and to a building permit, respectively, the city council expressly finds and determines that they are necessary, desirable, and in the best interests of the community in order to protect public safety. The city council further finds and determines that these regulatory requirements are applicable to the proposed installation of satellite earth station antennas or fixed wireless antenna facilities that are not permitted accessory uses and that, because of legitimate safety related concerns, do not meet the criteria for exemption from local regulation established by the federal communications commission ("FCC") under the telecommunications act of 1996.
D. The regulatory provisions set forth in this article are not applicable to any of the following:
1. City owned antennas or antenna facilities, including those used for emergency communications and public safety purposes, that are located or proposed to be located on either publicly owned or privately owned property.
2. Privately owned over the air reception devices that are located or proposed to be located on city owned property or within the public rights of way; provided, however, that owners of such devices must obtain a right of way use permit pursuant to title 8, chapter 7 of this code or an encroachment permit pursuant to title 8, chapter 3 of this code and comply with all applicable requirements that relate to the use of the public rights of way. (Ord. 05-O-2461, eff. 3-18-2005)