§ 47-271. Applicability.

(a)

General application. Except as otherwise provided herein, the provisions, requirements and limitations of this article shall govern the location of all wireless telecommunication, cellular telecommunication, television, microwave or radio transmission tower or antenna installed within the city. In the event of any conflict between any other provision of this chapter and this article, this article shall control.

(b)

Governmental exemption. Except as otherwise specifically provided for in this article, the provisions of this article shall not apply to the city's properties, facilities or structures. Private facilities and structures placed upon city property shall be governed by a lease agreement between the city and the provider.

(c)

Amateur radio; receive-only antennas. This article shall not govern any tower, or the installation of any antenna, that is 75 feet or less in height and is owned and operated by a federally-licensed amateur radio station operator from the operator's residence, or is used exclusively as a receive-only antenna; provided, however, only one such tower or antenna per residence shall be excluded from this article.

(d)

Preexisting towers and antennas. Towers and antennas permitted and erected prior to the adoption of the ordinance from which this article is derived or amendment thereto shall be deemed preexisting, and shall not be subject to the requirements of this article. The placement of additional antennas on any nonconforming structure shall not create a vested right for the continued use of the structures should the nonconforming use cease. If an additional antenna is co-located on a legally preexisting tower, the requirements of this article shall be met.

(Min. of 11-10-2016, § 12.3)