§ 30-65.3. Grant of city permit.

(a)

Permitting grant. Unless otherwise provided for in this Act, all new wireless facilities, collocations, or modifications to existing wireless facilities shall require a wireless facilities permit, which shall be approved by the director, provided the following criteria are met:

(1)

The proposal is not located in any location described in section 30-65.12, location restrictions;

(2)

The proposal would not significantly impair any view from any viewing area; and

(3)

The proposal complies with all applicable provisions in this Act without need for an exception pursuant to section 30-65.13, exceptions. Any wireless facility, collocation, or modification that does not meet the above-described criteria will be subject to further scrutiny before approval by the director, as described in the following sections.

(b)

Deployment siting plan. Applicants seeking approval for wireless facilities (including new facilities and collocations to existing facilities) may elect to submit a deployment siting plan subject to the director's approval. The proposed deployment siting plan is subject to review, modification and/or approval by all of the appropriate city departments and commissions via the department of safety and permits.

(c)

Other permits required. In addition to any permit that may be required under this section, the applicant must obtain the city council's franchising approval, and must obtain all other required prior permits or other approvals from other city departments, state, or federal agencies. Any permit granted under this section is subject to the conditions and/or requirements of other required prior permits or other approvals from other city departments, state, or federal agencies.

(d)

Eligible applicants. Only applicants who have been granted the right to enter the public right-of-way pursuant to the city council's City Charter franchising approval shall be eligible for a permit to install or modify a wireless facility in the public right-of-way.

(e)

Speculative equipment prohibited. The city finds that the practice of "pre-approving" wireless equipment or other improvements that the applicant does not presently intend to install, but may wish to install at some point undetermined future times does not serve the public's best interest. The city shall not approve any equipment or other improvements in connection with a wireless facility permit when the applicant does not actually and presently intend to install such equipment or construct such improvements.

(f)

Non-applicability of Act. In the event that the director determines that any application submitted for a wireless facilities permit does not meet the criteria of this Act, the director shall refer the application to the applicable city department for review and recommendation for approval, modification, or disapproval, or the applicant may modify its application to meet the criteria of this Act.

(g)

No permits required. Notwithstanding anything in this Act to the contrary, the city shall not require an application pursuant to section 30-65.4 or permit pursuant to section 30-65(p) for the following: (1) routine maintenance; or (2) the replacement of small wireless facilities with small wireless facilities that are substantially similar, the same size, or smaller.

(M.C.S., Ord. No. 27999, § 1, 3-14-19)