A. The placement or modification of any personal wireless service facility at any location within the city is subject to the provisions of this chapter, except for temporary facilities providing emergency communication services during natural disasters or other emergencies which may threaten the public health, safety, or welfare.

B. Personal wireless service facilities shall not be permitted on any building or structure within an area of the city zoned residential, or on any building or structure that contains a residence or school.

C. Facilities located within a designated critical area, as defined by MLMC Chapter 19.03 or 19.06, shall comply with the requirements of the appropriate chapter.

D. Lattice and guyed towers shall not be permitted in any zoning district. Monopoles shall be permitted only as specified in Section 18.78.040.

E. No deviations from the provisions of MLMC 18.78.040 and 18.78.070 shall be permitted, except as specifically allowed in those sections.

F. All applicable standards and requirements of the State Building Code, FCC, FAA, EIA, and any other agency with the authority to regulate antennas and support structures must be met. If such standards and regulations are changed, then the owners of the support structures and antennas shall bring such structures and antennas into compliance with the revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling agency. Failure to bring structures and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the support structure or antenna at the owner’s expense.

G. Building Codes and Safety Standards. To ensure the structural integrity of antenna support structures, the owner of the structure shall ensure that it is maintained in compliance with standards contained in applicable building codes and the applicable standards that are published by the EIA, as amended from time to time. If upon inspection, the Building Official concludes that a structure fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the support structure, the owner shall have thirty (30) days to bring such structure into compliance. If the owner fails to bring the structure into compliance within thirty (30) days, the city may remove the structure at the owner’s expense.

H. A Personal Wireless Services Facility Permit shall be required prior to the construction or installation of each facility. A notice of application posted upon the subject property shall be the only form of public notice required for a personal wireless services facility permit.

I. A building permit is required for all facilities. A conditional use permit is also required for new towers.

J. Interference. No antenna shall be permitted to be placed in a location where it will interfere with existing transmittal or reception of radio, television, audio, video, electronic, microwave, or other signals.

K. Personal wireless facilities are not considered essential public facilities and shall not be regulated or permitted as essential public facilities.

L. Lot size. For purposes of determining whether a facility complies with development standards such as setbacks, the dimensions of the entire lot shall control, even though a facility is located on a leased parcel within that lot.

M. Lighting. Facilities shall not be lighted unless required by the FAA or other applicable authority.

N. Applications for necessary permits will only be processed when the applicant demonstrates either that it is an FCC-licensed telecommunications provider or that it has agreements with an FCC-licensed telecommunications provider for use or lease of the support structure. (Ord. 2468, 5/12/09; Ord. 2144, 12/9/03)