(a) No wireless telecommunications facility shall be constructed within the City unless and until a conditional use permit shall have been issued authorizing such construction unless the City Manager or designee has issued a written determination that the proposed Wireless Telecommunications Facility has no appreciable impact under subsection (c) below.
(b) Any wireless communication facility lawfully constructed within the City prior to the adoption of this ordinance, is a non-conforming use, unless and until a conditional use permit shall have been issued with respect to such wireless communication facility.
(c) If the City Manager determines, based on a written request (application), that due to the size, location and similar characteristics and due to the operating characteristics of the proposed facility, the proposed facility will have no appreciable visual or other impact upon the neighborhood in which it is to be located and no detrimental effect on existing telecommunication broadcasting and receiving, the City Manager may issue a written determination to that effect. The application for a determination of no appreciable impact shall be accompanied by such information as the City Manager may require to evaluate the impact of the proposed wireless telecommunications facility. The City Manager may require the applicant for a determination of no appreciable impact to provide all or a portion of the information specified in Sections 1136.05 and 1136.06 of this Chapter. An application for a determination of no appreciable impact shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. Such a determination shall not be made with respect to a proposed new tower.
(d) A conditional Use Permit shall not be required for location of a Wireless Telecommunication facility in the City's rights of way. Such facilities must conform to the City's ordinances rules and procedures governing the rights of way.
(Ord. No. 12-8. Passed 1-17-12.)