§ 17.46.100 FACILITIES ON CITY PROPERTY LOCATED OUTSIDE THE PUBLIC RIGHTS-OF-WAY—AGREEMENT AND CONDITIONAL USE PERMIT REQUIREMENTS.
   (A)   Application. This section applies to all wireless telecommunications facilities or wireless telecommunications collocation facilities located on or proposed to be located on any city property outside the public rights-of-way. As used herein, CITY PROPERTY means and includes all property owned, leased, managed or controlled by the city.
   (B)   Requirements. No approval granted under this chapter for locating facilities on any city property outside of the public rights-of-way shall be effective until the applicant and the city have executed a written agreement establishing the particular terms and provisions under which the right to occupy such city property shall be used or maintained. Such agreement shall include, but not be limited to, the following:
      (1)   Term.
      (2)   Rents, fees and costs.
      (3)   Inspection and maintenance requirements.
      (4)   Indemnification of the city.
      (5)   Insurance requirements.
      (6)   Waiver of monetary damages against the city.
      (7)   Removal, restoration and clean-up requirements.
      (8)   Requirement to pay possessory interest taxes, if any.
      (9)   Such other provisions, terms and conditions deemed necessary and appropriate by the city based on the application.
   (C)   Conditional use permit. A conditional use permit approved by the Planning Commission pursuant to § 17.46.040(B) shall also be required for any proposed major wireless telecommunications facility or major wireless telecommunications collocation facility on any city property located outside the rights-of-way. The agreement referred to in division (B) shall not be effective until approval of the conditional use permit by the city. In addition, all ministerial permits shall be obtained as a condition of the installation, construction or other deployment of the proposed facility.
(Ord. 2021-10 § 6 (part), 2021)