9661.2. - Applicability.

This division applies to all wireless telecommunications facilities and wireless telecommunications collocation facilities, as follows:

A.

All facilities for which applications were not approved prior to September 23, 2011, shall be subject to and comply with all provisions of this division.

B.

All facilities for which applications were approved by the city prior to September 23, 2011, shall not be required to obtain a new or amended permit until such time as a provision of this Code so requires. Any wireless telecommunication facility or wireless telecommunications collocation facility that was lawfully constructed prior to September 23, 2011, that does not comply with the standards, regulations and/or

requirements of this division, shall be deemed a nonconforming use and shall also be subject to the provisions of section 9711.

C.

All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this division governing the operation and maintenance (section 9661.12), radio frequency emissions monitoring (section 9661.13), cessation of use and abandonment (section 9661.16), removal and restoration (section 9661.17) of wireless telecommunications facilities and wireless telecommunications collocation facilities and the prohibition of dangerous conditions or obstructions by such facilities (section 9661.14); provided, however, that in the event a condition of approval conflicts with a provision of this division, the condition of approval shall control until the permit is amended or revoked.

D.

Notwithstanding B. above, no modification shall be made to any facility that was approved prior to September 23, 2011, unless the permits required by this division have been obtained from the city.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.3. - Wireless telecommunications facility permit requirements.

A.

Permit required. No wireless telecommunications facility or wireless telecommunications collocation facility shall be located within the city on any property, including the public right-of-way, unless the permits required by this division have been obtained from the city. No modification to a wireless telecommunications facility or wireless telecommunications collocation facility shall be made unless the permits required by this division have been obtained from the city.

B.

Type of permit required. Either a minor conditional use permit or a conditional use permit is required, depending upon location and type of facility proposed, as set forth in sections 9661.5, 9661.6, and 9661.10. If a facility has been permitted pursuant to a minor conditional use permit or a conditional use permit, any modification to the facility shall require either an amended permit, or if the type of permit required has changed, a new permit of the type set forth in this division.

C.

A wireless telecommunications facility, wireless telecommunications collocation facility, and/or a telecommunications tower or other wireless telecommunications support structure, which is built on speculation and for which there is no wireless tenant is prohibited within the city.

(Ord. No. 11-387, § 7, 8-24-2011)