(A) To the extent that the holder of a eligible facility or special use permit for wireless telecommunications facilities has not received relief, or is otherwise exempt, from appropriate state and/or federal agency rules or regulations, then the holder of such a eligible facility or special use permit for wireless telecommunications facilities shall adhere to, and comply with, all applicable rules, regulations, standards and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical and RF emission standards.
(B) To the extent that applicable rules, regulations, standards and provisions of any state or federal agency, including, but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting and security are changed and/or are modified during the duration of an eligible facility or special use permit for wireless telecommunications facilities, then the holder of such an eligible facility or special use permit for wireless telecommunications facilities shall conform the permitted wireless telecommunications facilities to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of 24 months of the effective date of the applicable changed and/or modified rule, regulation, standard or provision, or sooner as may be required by the issuing entity.
(C) To the extent applicable, the holder of an eligible facility permit or a special use permit for wireless communication facilities shall adhere to the latest version of the International Building Code adopted by thecity and towers shall be reviewed under the Structure Class III Standards as currently defined in TIA/EIA-222-G.
(D) Where this subchapter differs or conflicts with other laws, rules and regulations, unless the right to do so is preempted or prohibited by the city, state or federal government, this subchapter shall apply.
(Ord. 23-09, passed 8-21-2023)