A. Section 6409(a) permit. All section 6409(a) modifications are subject to review and approval or denial of a section 6409(a) permit by the planning manager in accordance with this chapter. Section 6409(a) modifications do not require an administrative wireless facilities permit; provided, however that section 6409(a) modifications must comply with all prior conditions of approval related to concealment or reasonably related to public health and safety.
B. Exempt small wireless facilities in the right-of-way. Collocation of small wireless facilities within a right-of-way that are exempt from zoning pursuant to A.R.S. § 9-592 (I) or (J) do not require a conditional use permit or other zoning approval, but are subject to the requirements set forth in town code chapter 12-8.
C. Administrative wireless facilities permit. A new facility, collocation or modification to an existing facility is subject to the planning manager’s approval of an administrative wireless facilities permit, and not subject to a conditional use permit, when all the following criteria are met:
1. The proposed project is not a section 6409(a) modification
2. The proposed project qualifies as a design listed in section 17-18-6 A. 2 through 17-18-6 A. 3 below; specifically,
a. A collocation on an existing base station outside the right-of-way,
b. A collocation on a tower outside the right-of-way, or
c. A collocation on an eligible support structure or utility pole in the right-of-way that is not exempt from zoning (see paragraph 17-18-4 B above).
3. The proposed project will not require any limited exemption pursuant to section 17-18-16 below.
D. Conditional use permit. Except as provided in paragraphs A through C of this section, any new facility or modification or collocation to an existing facility is subject to the approval of a conditional use permit pursuant to section 17-3-2 of this code.
Ordinance 2021.004 replaced “planning director” with “planning manager” in paragraphs A and C
Ordinance 2022.006 amended 17-18-4 C.2.