Notwithstanding any other provision of this chapter, the following provisions shall apply to wireless telecommunication facilities:
(A) Public rights-of-way. The provisions of Chapter 12.52, “Wireless Telecommunications Facilities in the Public Rights-of-Way” of Title 12, “Streets, Sidewalks and Public Places,” governing small wireless telecommunications facilities, wireless telecommunications collocation facilities, eligible facilities, and major wireless facilities (including but not limited to macro-cell sites), as defined in Chapter 12.52 of this code, shall apply to such facilities which in whole or in part, itself or as part of another structure, rests upon, in or over the public right-of-way, including, but not limited to, any such facility owned, controlled, operated or managed by a telephone corporation.
(B) Other public property. All wireless telecommunications facilities and wireless telecommunications collocation facilities which in whole or in part, itself or as part of another structure, rests upon, in or over any public property outside of a public right-of-way, shall be regulated by Chapter 17.46, “Wireless Telecommunications and Facilities” of Title 17, “Zoning”, of the municipal code.
(C) Private property. The provisions of Chapter 17.46, “Wireless Telecommunications Facilities” of Title 17, “Zoning”, shall apply to all wireless telecommunications facilities and wireless telecommunications collocation facilities which in whole or in part, itself or as part of another structure, rests upon, in, or over private property, or any such facility owned, controlled, operated or managed by a telephone corporation, on private property.
(`83 Code, § 5.48.320) (Ord. 99-04 § 2 (part), 1999; Ord. 2011-04 § 4, 2011; Ord. 2021-09 § 4, 2021)