(A) Permit required.
(1) No wireless telecommunications facility shall be located or modified within the town on any property, including the public right-of-way, without compliance with this chapter.
(2) Excluding eligible facilities request applications, applications for wireless facilities shall require a use permit subject to the requirements of this chapter, to be acted upon by the Planning Commission pursuant to Chapter 17.032, and other permits as set forth in the table below, in addition to any other permit required pursuant to the Fairfax Municipal Code. Eligible facilities request applications shall be processed according to the requirements of § 19.04.140.
(3) Notwithstanding any other provision of this chapter, a conditional use permit shall be required for a facility when an exception is requested. Subject to any applicable limitations in federal or state law, nothing in this chapter is intended to limit the approval authority's ability to conditionally approve or deny without prejudice any application for a use permit as may be necessary or appropriate to protect and promote the public health, safety and welfare, and to advance the goals or policies in the Fairfax Municipal Code or the General Plan.
Description of Wireless Facility
| Private Property
|
Public Right-of- Way3 | ||
RS, RD, RM, PDD, UR Residential Zoning Districts and CR Commercial Zoning District
|
OA and PD Zoning District | All Other Zoning Districts | Non-Residential Zoning Districts except for OA, PD, and CR | |
Roof-mounted facility, building-mounted facility, or facility mounted on an existing pole | Not Permitted | Not Permitted | Conditional Use Permit/Design Review | Conditional Use Permit/Design Review |
Facility mounted on a replacement pole or new telecommunications tower | Not Permitted | Not Permitted | Conditional Use Permit/Design Review | Conditional Use Permit/Design Review |
New wireless telecommunications collocation facility | Not Permitted | Not Permitted | Conditional Use Permit/Design Review | Conditional Use Permit/Design Review |
Eligible facilities request1 or application pursuant to Cal. Government Code § 65850.62 | Permitted | Not Permitted | Permitted | Permitted |
1 See requirements of section 19.04.140. 2 See requirements of section 19.04.150. 3 For any public right-of-way on the boundary between zoning districts, the zone applicable to the location of a wireless telecommunication facility shall be determined based upon the closest district adjacent to the facility's location. The centerline of the public right-of-way will be used as the boundary between districts. | ||||
(B) Non-exclusive grant; no warranty. No approval granted under this chapter shall confer any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way of the town for delivery of telecommunications services or any other purposes. Further, no approval shall be construed as any warranty of title.
(Ord. 833, passed 8-7-2019)