A. This chapter applies to the siting, construction or modification of any and all Small Cell Facilities proposed to be located in the PROW. Small Cell Facilities (or "SWF") located in the PROW shall be governed by this Chapter 14.90 rather than the City's Zoning Code.
B. Nothing in this chapter shall validate any existing illegal or unpermitted Small Cell Facilities, All existing SWFs shall comply with and receive a wireless encroachment permit, when applicable, to be considered legal and conforming.
C. Notwithstanding any other provision of this chapter as provided herein, all small wireless facilities are subject to a permit as provided in this chapter. This chapter may be amended by city council resolution.
D. This chapter does not apply to the following:
1. Amateur radio facilities;
2. OTARD antennas;
3. Facilities owned and operated by the City for its use or for public safety purposes;
4. Any entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement, excepting that to the extent such the terms of state or federal law, or franchise agreement, are preemptive of the terms of this chapter, then the terms of this chapter shall be severable to the extent of such preemption and all remaining regulations shall remain in full force and effect.
5. Installation of a cell on wheels or a similar structure for a temporary period in connection with an emergency or event at the discretion of the public works director, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.
E. Except as otherwise provided by state or federal law, any use of the PROW authorized pursuant to this chapter will be subordinate to the City's use and use by the public.
(Ord. 2531 §2 (part); Ord. 2543 §2 (part))