The following regulatory provisions apply to users of telecommunications equipment in the public right-of-way, including but not limited to wireless telecommunications providers which desire to provide telecommunications service by means of facilities proposed to be constructed within the city’s public rights-of-way.
Users of telecommunications equipment in the public right-of-way must obtain the following, as deemed applicable by the Director:
A. Wireless Permit. A Wireless Permit is a zoning permit required for the installation of any wireless telecommunication facility, support structure or wireless tower within the public right-of-way. Municipal Code Section 15.53.050 sets forth the standards applicable to such permit applications.
B. [Reserved]
C. Exemptions. Notwithstanding anything in this Code to the contrary, a Wireless Permit shall not be required for:
1. City Facilities. Wireless facilities or other infrastructure deployments owned and operated by the City for its use.
2. OTARD. All over-the-air reception devices (OTARD), including all antennas and antenna supports covered by 47 C.F.R. Section 1. 4000(a)(1), as that section may be amended or superseded, except that antenna structures designed to transmit or receive radio communication by satellite antenna in commercial and industrial zones may be up to two meters in diameter.
3. Eligible Facilities Requests. “Eligible facilities requests” under 47 U.S.C. Section 1455(a) for a “modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station”, as those words and phrases as defined under federal statute or regulation, as they may be amended or superseded, except that such requests shall be subject to requirements of Municipal Code Section 15.53.110 (regarding Eligible Facilities Exemption Requests) below, or
4. Franchise Agreement. Wireless facilities or other infrastructure deployments covered by a valid franchise, pole license or other encroachment agreement between the applicant and the City which authorizes the wireless facilities or other infrastructure deployments in the locations and manner proposed, which agreements were approved or revised consistent with the requirements of this ordinance.
5. Violation of Law. Any activity where requiring the applicable permit(s) would violate applicable law in a manner that cannot be resolved by means of Section 15.53.050 (“Findings for Discretionary Approval of Small Wireless Facilities and other Wireless Facilities”), Subsection B.2.
D. Other Permits and Approvals. In addition to a Wireless Permit, the applicant must obtain all other permits and regulatory approvals as required by any other federal, state or local government agencies, including any ministerial permits and/or other approvals issued by other City departments or divisions. This includes, but is not limited to, a Public Works Permit, as outlined in Chapter 16.07 (Public Works Permits).
1. Any Wireless Permit granted under this Code shall remain subject to all lawful conditions and/or legal requirements associated with such other permits or approvals.
2. An exemption from the Wireless Permit requirement under Subsection C of this Section does not exempt the same wireless facilities or other infrastructure deployments from any other permits or approvals, which includes without limitation any ministerial permits from the City (e.g., encroachment permits).
(Ord. 3315 § 2 (part), 2022)