§ 8175-5.20.5.1. Preemption documentation requirement.  


Latest version.
  • In the circumstances listed below, the applicant must demonstrate, through written documentation referenced in Section 8175-5.20.10(i) and (j) below or as otherwise requested by the Planning Director, to the satisfaction of the decision-making authority, that the County's authority to require compliance with the applicable standards and requirements are preempted by federal or state law, including but not limited to the Federal Telecommunications Act of 1996:

    (a)

    Development of a non-stealth wireless communication facility pursuant to Section 8175-5.20.3(b), or

    (b)

    Any wireless communication facility in a restricted location pursuant to Section 8175-5.20.3(g), or

    (c)

    Any wireless communication facility that does not meet all applicable policies and standards of the LCP.

(Ord. No. 4498, § 3, 12-6-2016)