23.332.110 Permits and Findings Required for Approval.
A. Permit Required.
1. All wireless telecommunications facilities in any district that require a Use Permit or an AUP are subject to the permit findings in this section and Chapter 23.406 (Specific Permit Requirements).
2. Required findings in Chapter 23.406--Specific Permit Requirements shall not be based on aesthetic impacts if the proposed facility would not be readily visible, or on any other matter that the City is prohibited from considering by the Telecommunications Act of 1996.
B. Modifications. The Zoning Officer may approve minor modifications and aesthetic upgrades that do not increase the size or visibility of any legally established wireless telecommunication facilities without notice or hearing, subject to compliance with all existing conditions of approval.
C. Administrative Use Permit. The following wireless telecommunications facilities require an AUP:
1. Microcell facilities in any district.
2. Modifications to existing sites in Non-Residential Districts.
3. Additions to existing sites in Non-Residential Districts when the site is not adjacent to a Residential District.
4. All new or modified wireless communication facilities in Manufacturing Districts.
D. Use Permit. All new or modified wireless telecommunications facilities not listed in Subsection C (Administrative Use Permit) above require a Use Permit except when otherwise required by Section Chapter 23.404.070--Permit Modifications or this chapter.
E. Findings. The ZAB or Zoning Officer may approve a Use Permit or AUP under this chapter only if it makes all of the following findings:
1. The proposed project is consistent with the general requirements of this chapter and any specific requirements applicable to the proposed facility.
2. The proposed antenna or related facility, operating alone and in conjunction with other telecommunications facilities, will comply with all applicable state and federal standards and requirements.
3. One of the following is true:
(a) The proposed facility is not readily visible.
(b) It is infeasible to incorporate additional measures that would make the facility not readily visible.
4. Except for microcell facilities, the facility is necessary to prevent or fill a significant gap in coverage or capacity shortfall in the applicant’s service area and is the least intrusive means of doing so.
5. The wireless carrier complies with Paragraphs (1) and (2) of Subsection 23.332.090.B (All Facilities). If a wireless carrier has not complied with those sections, the wireless carrier may become compliant by providing current contact information and certification statements for any sites which are not current.
F. Basis for Findings. All findings must be based on substantial information in the record such as, where required, technical analysis by an approved radio frequency engineer, calculations by a state-licensed structural engineer, or other evidence. (Ord. 7787-NS § 2 (Exh. A), 2021)