(a) The purpose of this legislation is to preserve the ability of telecommunications providers to operate facilities as necessary within the jurisdiction of this local government, while at the same time:
(1) Minimizing the adverse visual impacts of telecommunications towers, attachments, and related facilities;
(2) Protecting persons and property from injury and damage; and
(3) Preserving and protecting natural resources and formations.
(b) It is not the intent of this legislation and, consistent with the provisions of the Act, nothing in this legislation shall be construed:
(1) To permit unreasonable discrimination among providers of functionally equivalent personal wireless services, as defined in the Act;
(2) To prohibit or have the effect of prohibiting the provision of such personal wireless services;
(3) To permit action on any request for the authorization to place, construct, or modify personal wireless services facilities other than within a reasonable period of time after the request is duly filed, taking into account the nature and scope of the request;
(4) To permit denial or an application to place, construct, or modify personal wireless services facilities other than in writing and supported with substantial evidence contained in a written record; or
(5) To permit basing regulatory decisions of this nature on the environmental effects of radio frequency emissions to the extent that personal wireless services facilities comply with the regulations of the Federal Communications Commission (the "FCC") concerning such emissions.
(c) The provisions of this chapter are subject to all applicable federal and state laws, rules, regulations, and orders.
(Ord. 696. Passed 8-24-98.)