Chapter 21.66 — WIRELESS COMMUNICATIONS FACILITIES

A.

Intent and Purpose. The purpose of this chapter is to regulate the installation, operation and maintenance of wireless communications facilities in the city while providing placement, design, and screening criteria to protect the public health, safety, general welfare, and quality of life in the city consistent with applicable federal and state requirements. Additionally, the standards in this chapter make wireless communications reasonably available while preserving the visual aesthetics of the community through the promotion of stealthing techniques that architecturally integrate or camouflage wireless communications facilities with their surroundings.

B.

Applicability and Exemptions. The requirements of this section apply to all wireless communications facilities, except as exempted. The following are exempt from the provisions of this chapter:

Amateur Radio Antenna. Any antenna, including its support structure, used by an authorized amateur radio operator licensed by the Federal Communications Commission that does not exceed a height of fifteen feet above the

maximum allowable building height of the zoning district in which it is located. For the purpose of this section, amateur radio means the licensed non-commercial, non-professional, private use of designated radio bands for purposes of private recreation including the non-commercial exchange of messages and emergency communication. This includes HAM radio and citizens band antenna.

Government Antenna. Any antenna, dish, or similar equipment owned and/or operated by any government entity.

Radio or Television Antenna. Any ground- or building-mounted antenna that receives radio or television signals for use only by owners or occupants of the property or development on which the antenna is located that does not exceed a height of ten feet above the maximum allowable building height for the zoning district in which the antenna is located.

Satellite Dish Antenna. Ground- or building-mounted dish antenna that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission.

Temporary Facility. Placement of a temporary wireless communications facility for a period of not more than thirty days following federal, state or city declaration of an emergency or disaster or as part of a city permitted or sponsored special event.

Wi-Fi Routers. Any wireless facilities located within a structure and intended to provide wireless service only within the same structure, including Wi-Fi hotspots and access points.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

For the purposes of this chapter, the following terms and phrases have the meaning ascribed to them in this chapter.

A.

"Co-location" means the same as defined by the Federal Communications Commission in 47 C.F.R. Section 1.40001(b)(2), as may be amended, which defines that term as the mounting or installation of a new wireless communications facility on an eligible support structure that is existing at the time a complete application for the new wireless communications facility is received by the city pursuant to Section 21.66.030 (Permit Requirements). As an illustration and not a limitation, the Federal Communications Commission's definition effectively means "to add" and does not necessarily refer to more than one wireless communications facility installed at a single site.

B.

"Existing wireless communications facility" means the same as defined by the Federal Communications Commission in 47 C.F.R. Section 1.40001(b)(4), as may be amended, which provides that a constructed wireless communications facility that has been reviewed and approved under the applicable zoning and permitting process or is legal nonconforming pursuant to Section 21.74.020 (Establishment of Legal Nonconforming Status).

C.

"Freestanding wireless communications facility" means a freestanding antenna support structure erected to support wireless communication facilities, associated equipment cabinets, and connecting appurtenances. This includes guyed towers, self-supporting lattice towers, monopoles, camouflage structures, replacement utility poles, and other self-supporting poles and towers accommodating wireless communication antennas.

D.

"Modification, major" and "modification, minor" mean an alteration proposed or made to an existing wireless communication facility and shall not have the same meaning as a site plan modification (Section 21.17.020) or development plan modification (Section 21.16.020).

E.

"Public right-of-way" means a public alley or street.

F.

"Wireless communications facility" means a facility that transmits and/or receives electromagnetic or radio frequency waves, including, but not limited to towers, antennas, monopoles, distributed antenna systems, wireless utility monitoring and control services, support or accessory structures and related equipment. Amateur radio operators are not included in this definition.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Permitting Process.

New Wireless Communications Facilities.

a.

New Wireless Communications Facilities Outside the Public Right-of-Way. A conditional use permit is required for wireless communications facilities outside of the public right-of-way. See Table 21.32-1 (Zoning District Use Regulations) for zoning districts where wireless communications facilities are permitted subject to approval of a conditional use permit pursuant to Chapter 21.19 (Conditional Use Permit and Administrative Use Permits).

b.

New Wireless Communications Facilities in the Public Right-of-Way.

i.

An administrative use permit is required for wireless communications facilities in the public right-of-way pursuant to Chapter 21.19 (Conditional Use Permit and Administrative Use Permits). Administrative use permit applications shall be reviewed, approved, conditionally approved, or denied by the zoning administrator in consultation with the city engineer.

ii.

Wireless communications facilities in the public right-of-way are subject to the standards in Section 21.66.040 (Development and Design Standards), Section 21.66.050 (Operation and Maintenance), and Section 21.66.060 (City Changes to the Public Right-of-Way). The applicant shall provide scaled drawings signed by a licensed professional demonstrating that any encroachments in the public right-of-way will not affect handicapped accessibility or traffic safety. Applicants shall also obtain all applicable encroachment and building approvals and permits.

Alterations to Existing Wireless Communications Facilities.

a.

Major Alterations. Major alterations to an existing wireless communications facility shall be subject to the applicable permitting process required for a new wireless communications facility in Paragraph 21.66.030(A)1. (New Wireless Communications Facilities). Major alterations are those that meet one or more of the following criteria:

i.

The alteration would:

(a)

Not comply with conditions of approval in the conditional use permit or administrative use permit, provided however that this limitation does not apply to any alteration that is non-compliant only in a manner that would not exceed the thresholds identified in any of the criteria of Subsection 21.66.030(C) (Application Factors Considered - Findings of Approval).

(b)

Entail any excavation or deployment outside the existing site; or

(c)

Defeat the concealment elements of the eligible support structure.

ii.

For wireless communications facilities outside the public right-of-way, the alteration would:

(a)

Increase the height of the tower by more than ten percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater;

(b)

Involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; or

(c)

Involve installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets that are outside of or visible from outside of any existing equipment screening enclosure.

iii.

For wireless communications facilities in the public right-of-way the alteration would:

(a)

Increases the height of the structure by more than ten percent or more than ten feet, whichever is greater;

(b)

Involve adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet; or

(c)

Involve installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent larger in height or overall volume than any other ground cabinets associated with the structure.

b.

Minor Alteration. The following are considered minor alterations to an existing wireless communications facility and shall be subject to approval of a building permit only.

i.

Decrease or do not increase capacity, including alterations such as replacing the existing antenna with a smaller antenna, installing quieter equipment, or decreasing the number of antennas.

ii.

Where a proposed wireless communications facility will be placed on a previously approved wireless communications facility and is consistent with requirements of the applicable conditional use permit, administrative use permit, or other installation permit.

iii.

Any co-location that meets the requirements of California Government Code Section 65850.6.

iv.

Alteration of an existing wireless tower or base station that does not substantially change the dimension of such tower or base station within the meaning of Public Law 112-96, Section 6409(a) and any Federal Communications Commission regulations or orders interpreting this section, including Wireless Infrastructure Order FCC 14-153 (2014). An application for a alteration pursuant to this subparagraph shall expressly request treatment under this subparagraph and shall identify, with supporting documentation, how the alteration qualifies under this subparagraph.

B.

Application Submittal Requirements.

In addition to the submittal requirements for any applicable conditional use permit or an administrative use permit pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits), the following information shall be provided in a manner deemed appropriate by the zoning administrator:

a.

Documentation of compliance with Federal Communications Commission regulations pertaining to radio frequency emissions, including cumulative emissions from any existing wireless communications facilities on the site and the proposed wireless communications facility;

b.

An accurate representation of the appearance and visual impact of the wireless communications facility;

c.

Pursuant to Paragraph 21.66.030(C)2., evidence of a significant gap in service (if applicable); and

d.

Documentation demonstrating compliance of the wireless communications facility with the application factors listed in Subsection 21.66.030(C) (Application Factors Considered - Findings for Approval);

The applicant shall be financially responsible any third-party review of the application submittal items if deemed necessary by the zoning administrator.

C.

Application Factors Considered—Findings for Approval.

In addition to the required findings for any applicable conditional use permit or an administrative use permit pursuant to Chapter 21.19 (Conditional Use Permits and Administrative Use Permits), the review authority shall make the following findings before granting approval for a wireless communications facility:

a.

The wireless communications facility complies with the design and development standards in this chapter and with the applicable zoning standards where the wireless communications facility is proposed to be located;

b.

The wireless communications facility complies with height and setback standards;

c.

When exceptions to the design and development standards in this chapter are requested, the applicant has demonstrated the exception is justified due to a significant gap in service that cannot be remedied with a compliant wireless communications facility;

d.

The wireless communications facility is sufficiently distant from residential uses to protect public health, prevent nuisance, and to be consistent with the character of the neighborhood;

e.

The wireless communications facility is compatible with the nature of uses on adjacent and nearby properties;

f.

The surrounding topography and landscaping will assist in the screening of the wireless communications facility and will not contribute to its visibility off site;

g.

The stealth design and screening are of high quality and are compatible with the surrounding neighborhood, offsite views, other nearby structures;

h.

The wireless communication facility will not have a significantly negative impact on public views and the visual quality of the surrounding areas;

i.

There are no facilities or buildings reasonably available for collocation;

j.

The wireless communications facility will not have a significantly negative impact to the future use and aesthetics of the public right-of-way and streetscape character; and

k.

The wireless communications facility will not have a significantly negative impact to historic structures, historic districts, parks, and the downtown historic core.

In the event that the review authority cannot make findings that the proposed application meets all development standards set forth in this chapter, the review authority may still approve the application if the following can be documented:

a.

The applicant has demonstrated by clear and convincing evidence that the facility is necessary to close a significant gap in the operator's service coverage.

b.

The applicant has demonstrated by clear and convincing evidence that no feasible alternative site exists that would close a significant gap in the operator's service coverage and that the alternative site under consideration would not result in any adverse impacts to public health, safety, and general welfare.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Compliance. All new wireless communications facilities and significant alterations to an existing wireless communications facility shall comply with the applicable development and design standards in this section except

when there is a significant gap in service.

B.

Standards for All Wireless Communications Facilities.

Wireless communications facilities shall be integrated into existing or proposed facilities that are functional for other purposes. The review authority shall have the authority to determine, based on evidence presented, that such integration is neither practical nor feasible based on the size of the proposed wireless communications facility, the area of coverage to be achieved by the wireless communications facility, or other factors supported by evidence.

Wireless communications facilities shall incorporate stealth design to minimize aesthetic impacts on surrounding land uses. Stealth design means that the wireless communications facility is designed to closely blend into the surrounding environment or building and to be minimally visible. Stealth designed antennas and related equipment are either not readily visible beyond the property on which it is located, or, if visible, appear to be part of the existing building, landscape, or environment rather than the wireless communications facility.

Wireless communications facilities and any methods to screen wireless communications facilities that are located on the sides or roof of a building shall be match the color of the building and be compatible with the architecture of the building.

Accessory equipment shall be co-located within an existing equipment enclosure or undergrounded to the extent technologically feasible. If co-location or undergrounding are not feasible, the equipment shall be designed to match the architecture of adjacent buildings and/or be screened from public view by walls, fences, parapets, landscaping, and similar treatments.

Monopoles, antennas, and support structures for antennas shall be no greater in diameter or any other cross- sectional dimension than is reasonably necessary for the proper functioning and physical support of the wireless communications facility and future co-location of additional wireless communications facilities.

No wireless communications facility or any portion thereof shall be located within a required setback area unless such location is indicated on the application and requested as part of the application and is approved by the review authority based on information presented to the review authority.

Wireless communications facilities shall adhere to the height limitations for a structure in the zoning district in which they are located.

Wireless communications facilities shall comply with the city's noise ordinance. The city may request that an applicant provide an acoustical analysis to prove compliance. Wireless communications facilities operating in excess of the maximum sound levels permitted by the noise ordinance shall be enclosed to achieve compliance with the noise ordinance. Backup generators or similar equipment that operates only during power outages or other emergencies are exempt from this requirement. Testing of such backup generators or similar equipment may only occur during standard daytime hours.

No wireless communications facility shall, by itself or in conjunction with other wireless communications facilities, generate radio frequency emissions and/or electromagnetic radiation in excess of Federal Communications Commission standards and any other applicable regulations. All wireless communications facilities shall comply with all standards and regulations of the Federal Communications Commission, and any other agency of the state or federal government agency with the authority to regulate wireless communications facilities.

C.

Standards for Freestanding Wireless Communications Facilities. In addition to the standards in Subsection 21.66.040(B) (Standards for All Wireless Communications Facilities), the following are required for freestanding wireless communications facilities:

An applicant for a freestanding wireless communications facility shall demonstrate as part of the application that a proposed wireless communications facility cannot be placed on an existing building, utility pole, streetlight, or co- located.

Freestanding wireless communications facilities shall be located in areas where existing topography, vegetation, buildings or other structures provide the greatest amount of screening to minimize aesthetic impacts on surrounding land uses.

Freestanding wireless communications facilities shall be designed to allow for co-location of additional antennas.

Freestanding wireless communications facilities shall not utilize guy wires or other diagonal or horizontal support structures.

Exterior lighting of freestanding wireless communications facilities is prohibited unless required by the Federal Aviation Administration (FAA) or other government agency.

D.

Standards for Wireless Communications Facilities in the Public Right-of-Way. In addition to the standards in Subsection 21.66.040(B) (Standards for All Wireless Communications Facilities), the following are required for wireless communications facilities in the public right-of-way:

No administrative use permit shall be issued unless the applicant is authorized to place wireless communications facilities within the public right-of-way by franchise, certificate of convenience and necessity, city license, or otherwise. Any city license may be granted in the city's sole discretion as property owner, and not as land use regulator.

Wireless communications facilities shall have subdued colors and non-reflective materials that blend in with the surrounding area to the satisfaction of the zoning administrator.

The height of any new wireless communications facility pole or structure shall not exceed ten vertical feet more than the maximum height allowed in the nearest adjacent zoning district.

In residential areas, wireless communications facilities shall not be located within three hundred feet of another wireless telecommunications facility; this does not include co-location of sites.

All wireless communications facilities and equipment shall be built in compliance with the Americans with Disabilities Act (ADA) and traffic safety standards, including but not limited to surface access in and around facilities.

Utility and Light Poles.

a.

Antennas in the public right-of-way shall be co-located or installed on existing utility or light poles, except when impractical or technologically infeasible. No new poles may be installed except as replacements for existing poles, or when the applicant provides evidence as part of the application showing why and how complying with the foregoing standard would be impractical or technologically infeasible.

b.

If a city streetlight or other city-owned structure is used, compensation shall be paid to the city as the owner in compliance with applicable agreements and/or fee schedules.

c.

All installations on utility poles shall fully comply with California Public Utilities Commission General Order 95.

d.

The maximum height of any antenna or antenna radome shall not exceed six feet above the height of an existing light pole.

e.

Revocation for Non-Use. Wireless communications facility permits shall be revoked if not used within one hundred eighty days from the date of approval. The one-hundred-eighty-day period may be extended for additional time upon written request to and written approval of the zoning administrator.

Equipment Location.

a.

Equipment shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, or to otherwise inconvenience public use of the right-of-way, or create safety hazards to pedestrians and/or motorists as determined by the city engineer.

b.

Ground-mounted equipment shall be undergrounded to the extent technologically feasible. Ground-mounted equipment that cannot be undergrounded shall be screened, to the fullest extent possible, either within the equipment contained in the pole or through the use of landscaping, walls, or other decorative features, to the satisfaction of the zoning administrator.

c.

Required electrical meter cabinets shall be screened to blend in with the surrounding area to the satisfaction of the zoning administrator or his/her designee.

d.

The wireless communications facility shall not interfere with the use of the public right-of-way and existing subterranean infrastructure and shall not interfere with the city's plans for alteration of such location and infrastructure.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

All wireless communications facilities shall comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, operator or any designated maintenance agent within forty-eight hours after discovery or notification of the need.

A.

Each permittee of a wireless communications facility shall provide the city with the name, address and twenty-four- hour local or toll-free contact phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility ("contact information"). Contact information shall be updated within seven days of any change.

B.

All wireless communications facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:

General dirt and grease;

Chipped, faded, peeling, and cracked paint;

Rust and corrosion;

Cracks, dents, and discoloration;

Missing, discolored or damaged artificial foliage or other camouflage;

Graffiti, bills, stickers, advertisements, litter, and debris;

Broken and misshapen structural parts; and

Any damage from any cause.

C.

Graffiti shall be removed from a wireless communications facility as soon as practicable, and in no instance more than twenty-four hours from the time of notification by the city.

D.

All trees, foliage or other landscaping elements approved as part of the wireless communications facility shall be maintained in good condition at all times, and the permittee, owner, and operator of the wireless communications facility shall be responsible for replacing any damaged, dead, or decayed landscaping.

E.

The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

F.

Each facility shall be operated and maintained to comply at all times with the noise standards of this code and any wireless communications facility conditions of approval, and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents.

G.

Each owner or operator of a wireless communications facility shall routinely inspect each site to ensure compliance with the standards set forth in this chapter and any conditions of approval.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

The permittee shall modify, remove, or relocate its wireless communications facility, or portion thereof, without cost or expense to the city, if and when made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other city underground or aboveground facilities including but not limited to sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency. Said alteration, removal, or relocation of a wireless communications facility shall be completed within a reasonable relocation time frame as determined by the zoning administrator. In the event a wireless communications facility is not modified, removed, or relocated within said period of time, city may cause the same to be done at the sole expense of applicant. Further, in the event of an emergency, the city may modify, remove, or relocate wireless communications facilities without prior notice to applicant provided applicant is notified within a reasonable time period thereafter.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Satellite dish antennae with diameters of twenty-four inches or less shall not be installed within a required front yard or within five feet of any side or rear property line. Satellite dish antennae with diameters greater than twenty-four inches shall comply with the following regulations:

A.

They shall only be mounted on the ground and shall not be mounted on the roof of any building or structure;

B.

They shall not be located in any required front yard or within five feet of a side or rear property line;

C.

They shall not exceed fifteen feet in height, including any platform or structure upon which they are mounted;

D.

They shall not extend beyond the property lines of the lot on which they are placed;

E.

They shall not be unnecessarily bright, shiny, or reflective; and

F.

The visual impact from adjacent properties and streets shall be minimized via screening by fences, landscaping, buildings, or topography.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Within thirty days of discontinuation of use, the wireless communications facility operator shall notify the zoning administrator in writing that use of the wireless communications facility has been discontinued. A wireless

communications facility shall be completely removed, and the site returned to its pre-wireless-communications-facility condition within one hundred eighty days of discontinuation of use.

B.

Non-operation, disuse (including, but not limited to, cessation of wireless services) or disrepair for one hundred eighty days or more shall constitute abandonment under this chapter or any predecessors to this chapter.

C.

A wireless communications facility that is not removed with one hundred eighty days of abandonment or discontinued use will be considered a nuisance and, in addition to any other available remedy, will be subject to abatement under Chapter 9.06 (Nuisance Abatement).

D.

The city may require a performance bond or other sufficient security in an amount rationally related to the cost of removing the wireless communications facility and all related facilities and equipment on the site, as determined by the zoning administrator. However, the city may not require the owner or operator to post a cash deposit or establish a cash escrow account as security under this paragraph. In setting the amount of the bond or security, the zoning administrator shall take into consideration the estimate of removal costs.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Any permit granted in accordance with the terms of this chapter for a wireless communications facility may be revoked if any of the conditions or terms of such permit or variance are violated or if any law or ordinance is violated in connection therewith.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

A.

Upon termination or revocation of the permit or abandonment of the wireless communications facility, the permittee, owner, or operator shall remove its wireless communications facility and restore the site to its natural condition, except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. The facility shall be removed from the property at no cost or expense to the city. If the wireless communications facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.

B.

Failure of the permittee, owner, or operator to promptly remove its facility and restore the property within thirty days after termination or revocation of the permit or abandonment of the facility, shall be a violation of this code, and be grounds for:

Prosecution

Calling of any bond or other assurance required by this chapter or conditions of approval of permit.

Removal of the facilities by the city in accordance with the procedures established under this code for abatement of a public nuisance at the owner's expense; and/or

Any other remedies permitted under this code.

C.

Summary Removal. In the event the city engineer determines that the condition or placement of a wireless communications facility located in the public right-of-way constitutes a dangerous condition obstruction of the public right-of-way, or an imminent threat to public safety, or determines other circumstances require immediate corrective action, the city engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick up the property within sixty days, the facility shall be treated as abandoned property.

D.

Removal of Facilities by the City. In the event the city removes a wireless communications facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from any performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this code. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the city destroys any such facility not timely removed by the permittee, owner, or operator after notice, or removed by the city.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

From time to time, the city may need the services of a qualified outside consultant to serve as third-party reviewer or supplement staff to review and make appropriate recommendations including, but not limited to, compliance with radio frequency emissions standards and/or identification of alternative solutions where there is a possibility that a proposed facility could result in a significant impact to the surrounding area. The use of outside consultants shall be at the applicant's expense. The cost of these services shall be in addition to all other applicable fees associated with the project and shall be contracted for and administered by the city.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)

Notwithstanding any other provision of this chapter to the contrary, if any provision(s) of this chapter would give rise to a claim by an applicant that a proposed action by the city would prohibit or have the effect of prohibiting the provision of personal wireless services within the meaning of 47 USC 332(c)(7), or otherwise are preempted or

prohibited by state or federal law, evidence of such effect may be grounds for a variance from the requirements of this chapter or an appeal of any decision denying an application for a wireless communications facility.

(Ord. No. 1144 N.S., § 3(Exh. A), 10-1-2024)