Sec. 9-3-115   Exceptions from a special use permit for wireless telecommunications facilities.
   1.   No person shall be permitted to site, place, build, construct, modify or prepare any site for the placement or use of a wireless telecommunications facility as of the effective date of this article as amended without having first obtained a special use permit and zoning permit for a wireless telecommunications facility as defined in Section 9-3-113 or an administratively granted authorization (zoning permit) as defined in Section 9-3-118, whichever is applicable. Notwithstanding anything to the contrary in this article, no special use permit shall be required for those non-commercial exceptions noted in Section 9-3-116, unless deemed in the public interest by the city.
   2.   If constructed as required by permit, all legally permitted wireless telecommunications facilities that existed on or before the effective date of this article shall be allowed to continue as they presently exist, provided however, that they are operating as originally permitted and that any modification of an existing wireless telecommunications facility not permitted under this article will require the complete facility and any new installation to comply with this article, as will anything changing the structural load.
   3.   Any repair and maintenance of a wireless telecommunications facility that does not increase the height of the structure, alter the profile, increase the footprint or otherwise exceed the conditions of the special use permit does not require an application for a special use permit but may require a building permit. However, no additional construction or site modification shall be considered to be repair or maintenance. (Ord. of 3/1/10; Ord. of 6/21/21, No. 41-21, Sec.1)