All use permit applications for wireless telecommunications facilities shall be acted upon by the planning commission.
A. Use permits may be granted for wireless telecommunications facilities only if all of the following findings are made.
1. All findings otherwise required for a use permit pursuant to chapter 19.24.
2. The facility to be permitted will not generate EMF/RF radiation in excess of the FCC adopted standards for human exposure.
3. If the height of the facility exceeds the standards set forth in Section 19.78.120, that the facility has been designed to minimize its height and other visual effects.
4. The facility does not encroach into navigable airspace as defined by Part 77 of Title 14 of the Code of Federal Regulations.
5. For a wireless telecommunications facility which will be located in any zoning district in which such a facility is generally not permitted:
a. The applicant has demonstrated, based on technical necessity, that the facility must be located within one of those zoning districts in order to provide the service; and
b. The denial of a use permit to allow a facility in one of those zoning districts would constitute a prohibition of the affected wireless telecommunications services in violation of federal law; and
c. If the facility is proposed to be located in a residentially-zoned district, the applicant has demonstrated, based on technical requirements, that the service cannot be provided by locating the facility in a non-residential zone.
6. For a new telecommunications tower which is proposed to be located within 1,000 feet of an existing tower:
a. The cumulative visual impacts are not significant; and
b. Location within 1,000 feet of the existing tower is technically necessary to provide services not possible with co-location on an existing tower or structure in the service area.
B. A finding of technical necessity to locate in a particular zoning district shall only be made if the planning commission finds that, based on the operational capabilities of the type of equipment used to provide the service, it is not possible to provide substantially the same additional services by locating one or more facilities in alternative locations outside of that district.
C. Use permits issued for new telecommunications towers in residential or open space zones may be conditioned upon the use of stealthing techniques to disguise the facility and make it less visually intrusive.
D. Use permits for wireless telecommunications facilities shall be approved or denied by resolution. A resolution granting a use permit shall contain all of the findings required by this section and all conditions applicable to the use permit. A resolution denying a use permit application for a wireless telecommunications facility shall state the reasons for denial, which reasons must be based on evidence before the commission at the time the decision to deny was reached.
(Ord. 2205, Ord. 2519 §36)