19.78.040   Exempt facilities.
   The following wireless telecommunications facilities are exempt from the requirements of this chapter, provided that they are constructed on sites previously developed and that they meet the requirements set forth below.
   A.   Facilities accessory to a residential use of a site which meet the requirements set forth below.
      1.   One ground, roof, or building-mounted receive-only radio or television satellite dish antenna which does not exceed 36 inches in diameter per dwelling unit. Such satellite dishes shall not extend above the roof peak or parapet of the primary structure on the parcel.
      2.   A single ground, roof, or building-mounted receive-only radio or television antenna including any mast. Such antennas shall not exceed a maximum height of 40 feet measured from the ground and shall not be located in front or side yard setbacks.
      3.   A ground, roof, or building-mounted citizens band radio antenna, including any mast, which does not exceed a maximum height of 40 feet measured from the ground. Such antennas shall not be located in front or side yard setbacks.
      4.   A ground, roof, or building-mounted antenna which does not exceed a maximum height of 40 feet and which is operated by a federally-licensed amateur radio operator. Such antennas shall not be located in front or side yard setbacks.
   B.   Government-owned communications facilities used primarily to protect public health, safety and welfare.
   C.   Facilities operated by providers of emergency medical services, including hospital, ambulance and medical air transportation services, for use in the provision of those services.
   D.   Any facility specifically exempted under federal or state law.
   E.   Temporary facilities erected and operated for use in emergency situations which are approved in writing in advance of installation by the director. Use of such facilities shall not exceed two weeks unless an extension is granted by the director.
   F.   Antennas for two-way radio communications systems operated only as an internal business communications system by owners/operators and not made available to third parties. Such facilities shall not be located within any required setbacks and shall not exceed a maximum height of 40 feet measured from the ground.
   G.   Repair or replacement of a lawfully-established existing facility so long as the repair or replacement does not substantially change the height or appearance.
   H.   Receive-only radio or television antennas incidental to non-residential use, if the antenna meets the development standards set forth in Section 19.78.110, does not require issuance of a building permit for its installation, and is solely for the use of the occupants of the site on which it is located.
   The exemptions set forth in this section shall apply only to facilities demonstrating radio-frequency emission compliance with FCC regulations pursuant to FCC Office of Engineering Technology (OET) Bulletin No. 65 entitled “Evaluating Compliance With FCC Guidelines for Human Exposure to Radio Frequency Electromagnetic Fields” (August 1977 or later revisions or successors thereto) and shall not apply to any facility not categorically exempt from FCC regulation pursuant to FCC OET 65, or to any facilities operated, leased to, or used by common carriers or wireless telecommunications service providers or to television and/or radio broadcast facilities.
(Ord. 2205, Ord. 2364 §401; Ord. 2381 §10, Ord. 2519 §34)