§ 62-2406. Exempt facilities.

Communications facilities shall be constructed and maintained in conformance with all applicable building code and site plan requirements. The following are exempt from the provisions of this division; notwithstanding any other provisions:

(1)

Satellite earth stations that are one meter (39.37 inches) or less in diameter.

(2)

A government-owned communications facility, upon the declaration of a state of emergency by federal, state, or local government, and a written determination of public necessity by the county manager or designee; except that such facility must comply with all federal and state requirements. No communications facility shall be exempt from the provisions of this division beyond the duration of the state of emergency.

(3)

A government-owned communications facility erected for the purposes of installing antenna(s) and ancillary equipment necessary to provide communications for public health and safety.

(4)

A temporary, commercial communications facility, upon the declaration of a state of emergency by federal, state, or local government; except that such facility must comply with all federal and state requirements. The communications facility may be exempt from the provisions of this division up to three months after the duration of the state of emergency.

(5)

A temporary, commercial communications facility, for the purposes of providing coverage of a special event such as news coverage or sporting event, except that such facility must comply with all federal and state requirements. Said communications facility may be exempt from the provisions of this division up to one week after the duration of the special event.

(6)

Licenses using the FCC's industrial/business pool radio frequencies with towers not exceeding 35 feet in height measured from the average elevation of the finished development grade of the building site are permitted in every zoning classification as an accessory structure to a developed primary use. This exemption shall be utilized only for local, private communication purposes (i.e. cab service, dispatch and tow trucks) not exceeding 35 feet in height. Communication service subscriptions shall be prohibited. Personal wireless services and WTCFs shall not be permitted pursuant to this exemption.

(7)

Antennas and/or antenna support structures owned by amateur radio service operators licensed by the Federal Communications Commission (FCC). However, such antennas or antenna support structures shall continue to be subject to accessory structure setbacks (excluding guy wires) as required under section 62-2100.5(1)(c).

(Ord. No. 2014-30, § 12, 10-2-14)