A. The regulatory provisions of this part do not apply to the siting of wireless antenna facilities on or within City owned land or buildings. The proposed siting of these facilities on all City owned property will require a license or lease agreement with the City, which license or lease agreement must be approved by the City Council.
B. Except as noted in section 10-3-4508 of this part, the regulatory provisions of this section do not apply to the siting of wireless antenna facilities, or to the siting of radio equipment used by a telecommunications service provider in operating a wireless, microcellular digital radio communications network, upon existing aboveground poles or similar appurtenances located within the public rights-of-way. Applications for the placement of such antenna facilities or radio equipment upon existing aboveground poles or similar structures located within the public rights-of-way will be submitted to the City Engineer on a form provided by the City Engineer, along with an application fee in an amount established by resolution of the City Council. Unless exempt under paramount State or Federal law, any authorized use of existing poles or similar structures located within the public rights-of-way will be subject to a permit to be issued by the City Manager, or the City Manager's designee.
C. Except as provided in section 10-3-4508 of this part, the regulatory provisions of this section do not apply to the siting of wireless antenna facilities, or to the siting of radio equipment used by a telecommunications service provider in operating a wireless, microcellular digital radio communications network, upon new aboveground poles or similar structures that are proposed to be installed within the public rights-of-way. Applications for the placement of such antenna facilities or radio equipment upon new aboveground poles or similar structures that are proposed to be installed within the public rights-of-way will be submitted to the City engineer on a form provided by the city engineer, along with an application fee in an amount established by resolution of the city council. Authorization for the installation of any new aboveground pole or similar structure for the operation of an antenna facility or radio equipment must comply with the provisions of title 8, chapter 7 of this code and will be subject to a license, lease, or franchise agreement with the city, as may be applicable and authorized by law, which license, lease, or franchise agreement must be approved by the city council.
D. Every permit, license, lease, or franchise agreement that is authorized by the city under the provisions of this section may contain a requirement that the telecommunications service provider, or the property owner, submit documentation that the electromagnetic fields (EMFs) from the proposed antenna facilities or radio equipment will be within the limits approved by the FCC, and that a report be submitted annually evidencing the fact that the EMFs continue to be within approved FCC limits. (Ord. 05-O-2461, eff. 3-18-2005)