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A. General.

1. No wireless telecommunications facility or combination of facilities shall at any time produce power densities that exceed the FCC’s limits for electric and magnetic field strength and power density for transmitters.

2. To ensure continuing compliance with all applicable emission standards, all wireless telecommunications facilities shall submit reports as required by this section.

3. The City may require, at the operator’s expense, independent verification of the results of any analysis.

4. If an operator of a telecommunications facility fails to supply the required reports or fails to correct a violation of the FCC standard following notification, the Use Permit or AUP is subject to modification or revocation by the ZAB following a public hearing.

B. All Facilities.

1. Within 45 days of initial operation or modification of a telecommunications facility, the operator of each telecommunications antenna shall submit to the Zoning Officer written certification by a licensed professional engineer that the facility’s radio frequency emissions are in compliance with the approved application and any required conditions.

(a) The engineer shall measure the radio frequency radiation of the approved facility, including the cumulative impact from other nearby facilities, and determine if it meets the FCC requirements.

(b) A report of these measurements and the engineer’s findings with respect to compliance with the FCC’s Maximum Permissible Exposure (MPE) limits shall be submitted to the Zoning Officer.

(c) If the report shows that the facility does not comply with applicable FCC requirements, the owner or operator shall cease operation of the facility until the facility complies with, or has been modified to comply with, this standard.

(d) Proof of compliance shall be a certification provided by the engineer who prepared the original report.

(e) The City may require, at the applicant’s expense, independent verification of the results of the analysis.

2. Before January 31 of every year, an authorized representative for each wireless carrier providing service in the City shall provide written certification to the City that each facility is being operated in accordance with the approved local and federal permits and shall provide the current contact information.

3. Once every two years, at the operator’s expense, the City may conduct or retain an approved engineer to conduct an unannounced spot check of the facility’s compliance with applicable FCC radio frequency standards.

4. If there is a change in the FCC’s MPE limits for electric and magnetic field strength and power density for transmitters, the operator of each wireless telecommunications facility shall submit to the Zoning Officer written certification by a licensed professional engineer of compliance with applicable FCC radio frequency standards within 90 days of any change in applicable FCC radio frequency standards or of any modification of the facility requiring a new submission to the FCC to determine compliance with emission standards.

5. If calculated levels exceed 50 percent of the FCC’s MPE limits, the operator of the facility shall hire an approved engineer to measure the actual exposure levels.

6. If calculated levels are not in compliance with the FCC’s MPE limit, the operator shall cease operation of the facility until the facility is brought into compliance with the FCC’s standards and all other applicable requirements.

7. A report of these calculations, required measurements, if any, and the engineer’s findings with respect to compliance with the current MPE limits shall be submitted to the Zoning Officer.

8. If the Zoning Officer at any time finds that there is good cause to believe that a telecommunications antenna does not comply with applicable FCC radio frequency standards, the Zoning Officer may require the operator to submit written certification that the facility is in compliance with such FCC standards.

C. Facilities Approved Before 2002.

1. The owner or operator of a wireless telecommunications facility that was approved by the City before January 17, 2002, shall submit to the Zoning Officer, within six months from the date of notification, written certification by an engineer that the facility’s radio frequency emissions are in compliance with the approved application and any required conditions.

2. The engineer shall measure the radio frequency radiation of the approved facility, including cumulative impact from other nearby facilities, and determine if it meets the FCC requirements.

3. If the report shows that the facility does not comply with applicable FCC requirements, the owner or operator shall cease operation of the facility until the facility is brought into compliance.

4. To ensure the objectivity of the analysis, the City may require, at the applicant’s expense, independent verification of the results of the analysis.

D. Nonconformities.

1. Any facility that was approved by the City before January 17, 2002, and which does not comply with this chapter on the date of its adoption shall be considered a lawful nonconforming use; provided, that the owner or operator submits the information required in 23.332.100.C (Facilities Approved Before 2002).

2. Roof-mounted or facade-mounted antennas proposed on an existing building, tower, or pole that is legal nonconforming in terms of height shall not extend or project more than 15 feet above the existing height of the building or structure.

3. A lawful nonconforming personal wireless service facility is subject to the requirements of 23.324 (Nonconforming Uses, Structures, and Buildings) except to the extent that they are modified as allowed by this chapter.

E. Violations.

1. Failure to submit the information required in this section is considered a violation of the Zoning Ordinance.

2. Any facility found in violation may be ordered to terminate operations by the ZAB following a duly noticed public hearing. (Ord. 7787-NS § 2 (Exh. A), 2021)