§ 88-24.202. Purpose.

(a)

The purpose of this chapter is to establish criteria for the location and design of wireless telecommunication facilities in the county, consistent with state and federal requirements. This chapter is intended to advance and promote the following goals:

(1)

Enable wireless telecommunication service providers to provide high quality wireless communications service infrastructure to serve the current and future needs of the county's residents, businesses, and local governments.

(2)

Avoid adverse visual and aesthetic impacts of wireless telecommunication facilities by regulating the location and design of the facilities in a manner that is consistent with state and federal laws and regulations, including the 1996 Federal Telecommunications Act and the regulations promulgated under that act.

(3)

Protect and enhance the public health, safety, and welfare of county residents.

(4)

Encourage collocation of wireless telecommunication facilities whenever feasible.

(b)

This chapter establishes requirements that apply to wireless telecommunications facilities consistent with the limitations imposed on the county under state and federal law. Under federal law, the county may not regulate the type of technology used on a wireless telecommunications facility, regulate any facility not located on county-owned property based on radio-frequency emissions emitted by the facility, discriminate between providers of wireless telecommunication services, or prohibit the provision of personal wireless service. Federal law requires the county to allow minor alterations to facilities. Under state law, if an existing facility was approved under a discretionary land use permit following environmental review, the county must allow new facilities to collocate on the existing facility. State law authorizes the county to impose reasonable time, place, and manner restrictions on facilities located within the county's rights of way.

(Ord. No. 2016-11, § II, 5-24-16)