Chapter 21.46 — RADIO AND TELEVISION ANTENNAS AND WIRELESS TELECOMMUNICATIONS ANTENNA…

(a) The purpose of the regulatory provisions set forth in this chapter is to establish development standards for the installation and maintenance of antennas and wireless antenna facilities within specified areas of the city. These standards are intended to ensure that the design and location of those antennas and facilities are consistent with previously adopted policies of the city, to promote the public health, safety, comfort, convenience, and general welfare of the city's residents, and to enhance the aesthetic quality and appearance of the city by maintaining architectural and structural integrity and by protecting views and vistas from obtrusive and unsightly accessory uses and facilities.

(b) In adopting and implementing the regulatory provisions of this chapter, it is the intent of the city council to further the objectives specified above in subsection (a) without unnecessarily burdening the federal interests in ensuring access to satellite services, in promoting fair and effective competition among competing communications service providers, and in eliminating local restrictions and regulations that, with regard to antennas, preclude reception of an acceptable signal quality or unreasonably delay, prevent, or increase the cost of installation, maintenance, or use of those antennas.

(c) With regard to the regulatory requirements set forth herein, the city council expressly finds and determines that they are necessary, desirable, and in the best interests of the community to protect public safety. The city council further finds and determines that these regulatory requirements are applicable to the proposed installation of satellite earth station antennas or fixed wireless antenna facilities that are not permitted accessory uses and that, because of legitimate safety-related concerns, do not meet the criteria for exemption from local regulation established by the Federal Communications Commission (FCC) under the Telecommunications Act of 1996.

(d) The regulatory provisions set forth in this chapter are not applicable to any of the following:

(1) City-owned antennas or antenna facilities, including those used for emergency communications and public safety purposes, that are located or proposed to be located on either publicly owned or privately owned property.

(2) Privately owned antenna or antenna facilities that are located or proposed to be located on city-owned property or within the public rights-of-way; provided, however, that owners of such devices must obtain a right-ofway use permit pursuant to the Municipal Code.

(Ord. 612 Exhibit A (part), 2008).