12.18.030 Applicability.
A. This chapter applies to the siting, construction or modification of any and all wireless telecommunications facilities proposed to be located in the public right-of-way as follows:
1. All facilities for which applications were not approved prior to December 1, 2016, shall be subject to and comply with all provisions of this chapter.
2. All facilities for which applications were approved by the city prior to December 1, 2016, shall not be required to obtain a new or amended permit until such time as a provision of this code so requires. Any wireless telecommunication facility that was lawfully constructed prior to December 1, 2016, that does not comply with the standards, regulations and/or requirements of this chapter, shall be deemed a nonconforming use and shall also be chapter to the provisions of Section 12.18.200, Nonconforming wireless telecommunications facilities in the right-of-way.
3. All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this chapter governing the operation and maintenance (Section 12.18.120, Operation and maintenance standards), cessation of use and abandonment (Section 12.18.140, Cessation of use or abandonment), and removal and restoration (Section 12.18.150, Removal and restoration--Permit expiration, revocation or abandonment) of wireless telecommunications facilities; provided, however, that in the event a condition of approval conflicts with a provision of this chapter, the condition of approval shall control until the permit is amended or revoked.
B. This chapter does not apply to the following:
1. Amateur radio facilities;
2. Over the air reception devices ("OTARD") antennas;
3. Facilities owned and operated by the city for its use;
4. Any entity legally entitled to an exemption pursuant to state or federal law or governing franchise agreement. (Ord. 676 §1(3), 2016).